HAYES ET AL.

v.

UNION PACIFIC RAILROAD CO. ET AL.

Citator

Cited By

• Conley v. Gibson, 355 U.S. 41 (U.S. 1957)
  …tes.” 48 Stat. 1191, 45 U. S. C. § 153 First (i). For this reason the decision in Slocum v. Delaware, L. & W. R. Co., 339 U. S. 239, is not applicable here. The courts below also relied on Hayes v. Union Pacific R. Co., 184 F. 2d 337, cert. denied, 340 U. S. 942, but for the reasons set forth in the text we believe that case was decided incorresctly. See, e. g., Leimer v. State Mutual Life Assur. Co., 108 F. 2d 302; Dioguardi v. Durning, 139 F. 2d 774; Continental Collieries v. Shober, 130 F. 2d 631. Stee…
• Glover v. ST. Louis-San Francisco Ry. Co., 393 U.S. 324 (U.S. 1969)
  …the extent that relief is sought against the railroad for alleged discriminatory performance of an agreement validly entered into and lawful in its terms. See, e. g., Hayes v. Union Pacific R. Co., 184 F. 2d 337 (C. A. 9th Cir. 1950), cert. denied, 340 U. S. 942 (1951). This view, however, was squarely rejected in the Conley case, where we said, “[F]or the reasons set forth in the text we believe [Hayes, supra] was decided incorrectly.” 355 U. S., at 44, n. 4. In this situation no meaningful distinction can…
• Vill. OF Brooten v. Cudahy Packing Co., 291 F.2d 284 (8th Cir. 1961)
  …] professional thought and temper”, Kasper v. Kellar, 8 Cir., 217 F. 2d 744, 747-748, and the experience of a judge who has long practiced or served in the particular state, Standard Brands v. Bateman, 8 Cir., 184 F. 2d 1002, 1011, certiorari denied 340 U.S. 942, 71 S.Ct. 505, 95 L.Ed. 679; King v. Monsanto Chemical Company, 8 Cir., 256 F. 2d 812, 815, have less effective application where the judge was one assigned from outside the state. Nevertheless, this court has not hesitated to apply the standard in…