Crusen v. United Air Lines, 5434.

Decision Date24 December 1956
Docket NumberNo. 5434.,5434.
Citation239 F.2d 863
PartiesG. R. CRUSEN, L. F. Gunderson, and L. G. Van Lehn, Appellants, v. UNITED AIR LINES, Inc., Appellee.
CourtU.S. Court of Appeals — Tenth Circuit

Stephen C. Vladeck, New York City (B. F. Napheys, Jr., Denver, Colo., was on the brief), for appellants.

Edmund A. Stephan, Chicago, Ill. (John P. Akolt, John P. Akolt, Jr., Denver, Colo., Charles F. McErlean and Stuart Bernstein, Chicago, Ill., were with him on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from the District Court of Colorado challenging the dismissal of appellants' complaint seeking a declaration of pilots' seniority rights under a collective bargaining agreement.

The dismissal is based upon a finding that the appellants had not exhausted their administrative remedies by failing to file a timely appeal with the United Air Line Pilots System Board of Adjustment, established under the Railway Labor Act, 45 U.S.C.A. § 184.

The facts are well stated in the memorandum opinion and order of the trial court. See D.C., 141 F.Supp. 347. We agree with the trial court's opinion and its judgment is affirmed for the reasons stated therein.

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9 cases
  • International Association of Machinists v. Central Airlines, Inc, AFL-CIO
    • United States
    • U.S. Supreme Court
    • April 15, 1963
    ... ... Central refused to comply and petitioners filed this suit in the United States District Court for the Northern District of Texas for enforcement ... 41 Stat. 469, 474. 9. Pennsylvania Railroad System and Allied Lines Federation v. Pennsylvania R. Co., 267 U.S. 203, 45 S.Ct. 307, 69 L.Ed ... Capital Airlines, 84 U.S.App.D.C. 346, 176 F.2d 755; Crusen v. United Air Lines, 141 F.Supp. 347 (D.Colo.), aff'd, per curiam, 239 ... ...
  • Transport Wkrs. U. of Amer. v. Amer. Airlines, Inc., 10119.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 24, 1969
    ...& Western Air, Inc. v. Koppal, 345 U.S. 653, 73 S.Ct. 906, 97 L.Ed. 1325 (1953), in light of Machinists, supra; Crusen v. United Airlines, Inc., 239 F.2d 863 (10th Cir. 1956), affirming 141 F.Supp. 347 (D.Colo.1956); Arnold v. United Airlines, Inc., 296 F.2d 191 (7th Cir.1961); Bower v. Eas......
  • Sheehan v. Union Pacific R. Co.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • May 31, 1978
    ...extinguished in Andrews. On returning to the Board, he found there was no forum which would hear his claim. See Crusen v. United Air Lines, Inc., 239 F.2d 863 (10th Cir.), and Hodges v. Atlantic Coast Line R.R., 363 F.2d 534 (5th Cir.), which also dealt with discharges which were pursued be......
  • Metropolitan Dade County v. Milton
    • United States
    • Florida District Court of Appeals
    • March 11, 1998
    ... ... See Crusen v. United Air Lines, Inc., 141 F.Supp. 347, 351 (D.Colo.) (where cases ... ...
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