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ROBERTS v. LEHIGH AND NEW ENGLAND RAILWAY COMPANY

No. 14303.

323 F.2d 219 (1963)

William C. ROBERTS and John Strunk, Appellants, v. LEHIGH AND NEW ENGLAND RAILWAY COMPANY and Lodge 713, Brotherhood of Locomotive Firemen and Enginemen, Lodge 734, Brotherhood of Railroad Trainmen, Lodge 619, Order of Railway Conductors and Brakemen.

United States Court of Appeals Third Circuit.

Decided October 2, 1963.

Attorney(s) appearing for the Case

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

Miles W. Kirkpatrick, Philadelphia, Pa. (E. Jackson Bonney, Philadelphia, Pa., Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for Lehigh and New England Ry. Co.

Cornelius C. O'Brien, Jr., Philadelphia, Pa., for Lodge 734, Brotherhood of RR Trainmen.

Robert W. Sayre, Philadelphia Pa., for Lodge 713, Brotherhood of Locomotive Firemen and Enginemen and Lodge 619, Order of Railway Conductors and Brakemen.

Before BIGGS, Chief Judge, and HASTIE and GANEY, Circuit Judges.

GANEY, Circuit Judge.

This is an appeal from the allowance of motions to dismiss1 the complaint in favor of the Lehigh and New England Railway Company ("Railway"), and three local lodges of railroad employee unions. Plaintiffs-appellants are former employees of the Railway and former members of one of the three local lodges.

The two plaintiffs were involuntarily retired on June 30, 1962, pursuant to the terms of three memorandum...

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