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STACK v. NEW YORK CENTRAL RAILROAD COMPANY

No. 147, Docket 24757.

258 F.2d 739 (1958)

Patrick STACK, Plaintiff-Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 27, 1958.

Attorney(s) appearing for the Case

Norman M. Spindlemen, Rochester, N. Y. (Meyer Fix, Rochester, N. Y., on the brief), for plaintiff-appellant.

Edward R. Macomber, Rochester, N. Y. (Harris, Beach, Keating, Wilcox & Dale and Richard L. Epstein, Rochester, N. Y., on the brief), for defendant-appellee.

Before HINCKS and LUMBARD, Circuit Judges, and GALSTON, District Judge.

LUMBARD, Circuit Judge.

Patrick Stack appeals from an order of Judge Burke, Western District of New York, granting defendant's motion for summary judgment. The complaint seeks damages for wrongful discharge of the plaintiff by the New York Central Railroad basing jurisdiction on the Railway Labor Act, 45 U.S.C.A. § 151 et seq.

The complaint alleges that prior to Stack's discharge on May 21, 1955 he had been employed by the New York Central as a railroad...

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