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ACCARDI v. PENNSYLVANIA RAILROAD COMPANY

No. 153, Docket 29022.

341 F.2d 72 (1965)

Pasquale J. ACCARDI, Jacob Grubesick, Alfred J. Seevers, Anthony J. Vassallo, Abraham S. Hoffman, and Frank D. Pryor, Plaintiffs-Appellees, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 25, 1965.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York (James G. Greilsheimer, Asst. U. S. Atty., of counsel), for plaintiffs-appellees.

Conboy, Hewitt, O'Brien & Boardman, New York City (R. L. Duff, New York City, of counsel), for defendant-appellant.

Before LUMBARD, Chief Judge, SWAN and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiffs, veterans of World War II, brought suit in the United States District Court for the Southern District of New York. They claimed that defendant, their former employer, had denied them that portion of a separation allowance, granted in 1960, to which they were entitled under Section 8 of the Selective Training and Service Act of 1940, 50 U.S.C. App. § 308 (1946).1 Upon cross motions for summary judgment...

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