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GUNTHER v. SAN DIEGO & A. E. R. CO.

No. 27.

382 U.S. 257 (1965)

GUNTHER v. SAN DIEGO & ARIZONA EASTERN RAILWAY CO.

Supreme Court of United States.

Decided December 8, 1965.

Attorney(s) appearing for the Case

Charles W. Decker argued the cause for petitioner. With him on the brief was Clifton Hildebrand.

Waldron A. Gregory argued the cause for respondent. With him on the brief was William R. Denton.

Clarence M. Mulholland, Edward J. Hickey, Jr., and Richard R. Lyman filed a brief for the Railway Labor Executives' Association, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioner, Gunther, worked as a fireman for respondent railroad for eight years, from 1916 to 1924, and as an engineer for 30 years, from 1924 until December 30, 1954. On that date, shortly after his seventy-first birthday, he was removed from active service because of an alleged physical disability. The railroad's action was taken on the basis of reports made by its physicians, after physical examinations...

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