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D'ELIA v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD

No. 111, Docket 28988.

338 F.2d 701 (1964)

James J. D'ELIA, Jr., Appellant, v. NEW YORK, NEW HAVEN AND HARTFORD RAILROAD and Richard Joyce Smith, William J. Kirk, Harry W. Dorigan as Trustees of the New York, New Haven and Hartford Railroad, Appellees.

United States Court of Appeals Second Circuit.

Decided November 24, 1964.

Attorney(s) appearing for the Case

F. Timothy McNamara, Hartford, Conn., for appellant.

Thomas J. O'Sullivan, New Haven, Conn., for appellees.

Before LUMBARD, Chief Judge, HAYS and MARSHALL, Circuit Judges.

PER CURIAM:

D'Elia, an employee of defendant railroad, was suspended from his job for a short time on a charge of misconduct. He claimed that the suspension was unjustified and sought to recover his wages for the period of suspension. His claim was submitted to the National Railroad Adjustment Board where, after the representatives of the parties had deadlocked, a referee decided in favor of the railroad. D'Elia then brought this action in the district court seeking...

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