Manion v. Kansas City Terminal Railway Company

Citation353 U.S. 927,1 L.Ed.2d 722,77 S.Ct. 706
Decision Date08 April 1957
Docket NumberNo. 702,702
PartiesKeith L. MANION et al., Petitioners, v. KANSAS CITY TERMINAL RAILWAY COMPANY, a Corporation
CourtU.S. Supreme Court

Messrs. Ralph M. Jones, Kansas City, Mo., Charles B. Blackmar, Russell B. Day and Harold C. Heiss, Cleveland, Ohio, for petitioners.

Mr. Horace F. Blackwell, Jr., Kansas City, Mo., for respondent.

PER CURIAM.

The petition for writ of certiorari is granted. The judgment of the Kansas City Court of Appeals of Missouri must be vacated in the light of our decision in Brotherhood of Railroad Trainmen v. Chicago River and Indiana R. Co., 353 U.S. 30, 77 S.Ct. 635, because the dispute here is not pending before the National Railroad Adjustment Board. The cause is remanded for further proceedings not inconsistent with this decision and without prejudice to the power of the Court of Appeals to reinstate its judgment if the dispute is submitted to the Adjustment Board by either party within a reasonable time.

Judgment vacated and cause remanded.

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  • Prof'l Airline Flight Control Ass'n v. Spirit Airlines Inc.
    • United States
    • U.S. District Court — Southern District of Florida
    • March 25, 2022
    ...As a result, we have no power to grant the injunctive relief PAFCA seeks. See, e.g. , Manion v. Kansas City Terminal Ry. Co. , 353 U.S. 927, 927, 77 S.Ct. 706, 1 L.Ed.2d 722 (1957) (vacating an injunction in a minor dispute "because the dispute [was] not pending before the ... Adjustment Bo......
  • INTERNATIONAL ASS'N OF M. & AW v. Northeast Airlines, Inc.
    • United States
    • U.S. Court of Appeals — First Circuit
    • April 20, 1972
    ...R. R., 7 Cir., 1961, 290 F.2d 881, cert. denied 368 U.S. 900, 82 S.Ct. 174, 7 L.Ed.2d 96; cf. Manion v. Kansas City Terminal Ry., 1957, 353 U.S. 927, 77 S.Ct. 706, 1 L.Ed.2d 722. See also 29 U.S.C. § Alternatively, the Union contends that section 2 First of the Railway Labor Act, 45 U.S.C. ......
  • Ashley, Drew & Northern Ry. Co. v. United Transp. Union and Its Affiliated Local No. 1121, 1121
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • July 9, 1980
    ...meaning).22 A further difficulty is that AD&N did not attempt to invoke RLA procedures, see Manion v. Kansas City Terminal Ry., 353 U.S. 927, 927, 77 S.Ct. 706, 1 L.Ed.2d 722 (1957), although UTU's unilateral action may have excused AD&N of this usual requirement, see Chicago & Ill. Midland......
  • Rutland Railway Corp. v. Brotherhood of Locomotive Eng.
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    • U.S. Court of Appeals — Second Circuit
    • June 18, 1962
    ...injunction in a minor dispute before the matter is submitted to the Railroad Adjustment Board. Cf. Manion v. Kansas City Terminal Ry., 353 U.S. 927, 77 S.Ct. 706, 1 L.Ed.2d 722 (1957); Hilbert v. Pennsylvania R.R., 290 F.2d 881 (7 Cir.), cert. denied, 368 U.S. 900, 82 S.Ct. 174, 7 L.Ed.2d 9......
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