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BELANGER v. NEW YORK CENTRAL RAILROAD COMPANY

No. 17267.

384 F.2d 35 (1967)

Joseph J. BELANGER, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 20, 1967.

Attorney(s) appearing for the Case

Harry L. Gervais, Detroit, Mich., for appellant.

Frederic L. Wyckoff, Detroit, Mich., for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action for damages, brought by a former railroad fireman and engineer for his alleged wrongful discharge. Following an altercation with a fellow employee, the railroad company asked plaintiff-appellant to submit to a psychiatric examination along with his required physical examination. The former he declined to do and because of it he subsequently was discharged. Some three years after his discharge, appellant, without exhausting...

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