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GAINEY v. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, ETC.

No. 13896.

303 F.2d 716 (1962)

James A. GAINEY and J. L. Young, Individually and on Behalf of Others Similarly Affected, Appellants, v. The BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES and The Pennsylvania Railroad Company.

United States Court of Appeals Third Circuit.

Decided May 25, 1962.

Attorney(s) appearing for the Case

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

Robert M. Landis, Philadelphia, Pa., for Pennsylvania R. Co.

Allen S. Olmsted, 2d, Philadelphia, Pa., for Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees.

Before HASTIE, FORMAN and SMITH, Circuit Judges.

HASTIE, Circuit Judge.

Rule 73, Federal Rules of Civil Procedure, 28 U.S.C.A., provides that the running of the time for appeal from a judgment of a District Court is terminated by the timely filing of any of certain designated types of post-judgment motions. The rule makes no specific mention of motions for rehearing or reconsideration. The present motion to dismiss an appeal requires us to consider the effect of a motion to reargue, following a granting of summary...

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