DAY v. PENNSYLVANIA RAILROAD COMPANY

No. 12105.

243 F.2d 485 (1957)

George M. DAY, Administrator ad litem of the Estate of Charles A. De Priest, Deceased, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided April 17, 1957.


Attorney(s) appearing for the Case

James M. Davis, Jr., Mount Holly, N. J. (Powell & Davis, Mount Holly, N. J., on the brief), for appellant.

F. Morse Archer, Jr., Camden, N. J. (Archer, Greiner, Hunter & Read, Camden, N. J., John B. Prizer, Richard N. Clattenburg, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.


MARIS, Circuit Judge.

This is an appeal from an order of the District Court for the District of New Jersey staying proceedings in this diversity action pending a decision by the National Railroad Adjustment Board.

On April 11, 1955, Charles A. DePriest filed a complaint in the district court asserting that he had been employed as a locomotive engineer by the defendant, The Pennsylvania Railroad Company, from May 13, 1918 until March 10, 1955 when he retired...

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