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POWELL v. PENNSYLVANIA RAILROAD COMPANY

No. 12696.

259 F.2d 267 (1958)

Robert POWELL and Elizabeth W. Lawrence, Appellants, United States of America (Intervening Plaintiff), v. The PENNSYLVANIA RAILROAD COMPANY, George M. Harrison, Individually and as Grand President of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees; and S. V. M. Loehr, General Chairman, Individually and as General Chairman of the Pennsylvania System Board of Adjustment, the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees.

United States Court of Appeals Third Circuit.

Decided October 1, 1958.

Attorney(s) appearing for the Case

Lawrence J. Richette, Philadelphia, Pa., for appellants.

Allen S. Olmsted, 2d, Philadelphia, Pa., for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

This is a motion to dismiss an appeal following a refusal by the district court to vacate an order previously made.

So far as the Pennsylvania Railroad is concerned, the original dismissal with prejudice settles the matter. The Railroad complied with the court's order and no timely appeal was taken. The motion to vacate does not extend the time for appeal. This matter is covered by our decisions in Raughley v. Pennsylvania R.R., 3 Cir., 1956, ...

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