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GROCERY, etc., LOCAL No. 635 v. KROGER CO.

364 Pa. 195 (1950)

Grocery and Food Warehousemen Local Union No. 635, Appellant, v. Kroger Co.

Supreme Court of Pennsylvania.

January 3, 1950.

Attorney(s) appearing for the Case

Ben Paul Jubelirer, for appellant.

Nicholas Unkovic and C.J. Petzhold, with them W.D. Armour, Reed, Smith, Shaw, & McClay, Frost & Jacobs and Richard V. Runyan, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE JONES, January 3, 1950:

The questions originally raised in the court below by the petitioning union were (1) whether retirement for age, under the respondent-company's unilaterally established compulsory retirement plan, of an employee who was a member of the union constitued an unjust discharge within the contemplation of an existing collective bargaining agreement between the union and the company and (2) if it did, whether it presented an...

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