261 F.2d 443 (5th Cir. 1958), 17239, Cedillo v. Standard Oil Co. of Texas

Docket Nº:17239.
Citation:261 F.2d 443
Party Name:Manuel CEDILLO, Alberto Sanchez, et al., Appellants, v. STANDARD OIL COMPANY OF TEXAS, Appellee.
Case Date:December 11, 1958
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 443

261 F.2d 443 (5th Cir. 1958)

Manuel CEDILLO, Alberto Sanchez, et al., Appellants,

v.

STANDARD OIL COMPANY OF TEXAS, Appellee.

No. 17239.

United States Court of Appeals, Fifth Circuit.

December 11, 1958

Ernest Guinn, El Paso, Tex., for appellant.

J. F. Hulse, El Paso, Tex., Scott, Hulse, Marshall & Feuille, El Paso, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

PER CURIAM.

On April 8, 1957, plaintiffs filed their original complaint for an injunction requiring reinstatement and back pay. On April 30, 1957, defendant moved to dismiss the complaint on the ground that the alleged cause of action was within the exclusive jurisdiction of the National Labor Relations Board and that plaintiff had invoked its jurisdiction. On March 10, 1958, plaintiffs filed their first amended original petition, thereby superseding their original petition, and in it sought only a money judgment for wages and benefits. On April 2, 1958, as a result of an oversight of the amended complaint, which the record does not explain, the district judge 'proceeded to hear and consider the...

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