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Show UNUSUAL RAIL GASL CARRIED TO CIVIL COURT Passenger Conductor Enjoins Freight Conductor From Getting His Job LOUISVILLE, Ky.. Oct. 2. Over-! ruling the railroad adjustment board created by the Esch-Cumrnln.s act. Judge Ernest Clark. Kentucky court ! of appeals, late yesterday granted an ' Injunction to W, W. Oregg, Louisville and Nashville passenger conductor, i to prevent his being supplanted on his ' run by William Penny backer, freight condu tor The case was appealed bv Gregg from the circuit court at Louisville i j when he was refused a restraining or- j I der. LSKED FOR JOB The suit grew out of tne fact that j lVnnybacker asked for Gregg's job under the seniority rule contract of I 1 the railroad and the conductors' broth- I eihood and was upheld by railway I j.djuetmenl board number one, Washington Wash-ington lVnnybacker is a brotherhood ' member, but as Gregg g not he sought the Injunction on the ground that the seniority contract did not apply to htm. NOT ENOUGH AUTHORITY. In making his decision Judge Clark held that the adjustment hoard had i authority only to pass upon disputes submitted before federal administration administra-tion ceased and' therefore "had no Jurisdiction in this case which was filed after that time. ,s to the senl-! orlty rule, the court held that It could not be invoked by a freight conductor to displace a passenger conductor. It Is said this is the first case of) Its kind ever contested In civil courts. ' |