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CLEMENS v. CENTRAL RAILROAD COMPANY OF NEW JERSEY

No. 16514.

399 F.2d 825 (1968)

Ira CLEMENS (individually and on behalf of others adversely affected) v. CENTRAL RAILROAD COMPANY OF NEW JERSEY, Lehigh and New England Railway Company and Lehigh and New England Railroad Company, Appellants.

United States Court of Appeals Third Circuit.

Decided August 9, 1968.

As Amended September 20, 1968.

Rehearing Denied October 4, 1968.

Certiorari Denied January 13, 1969.

Attorney(s) appearing for the Case

Miles W. Kirkpatrick, Morgan, Lewis & Bockius, Philadelphia, Pa. (Warren M. Laddon, Philadelphia, Pa., on the brief), for appellant.

Lawrence J. Richette, Frater, Green & Levy, Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and VAN DUSEN, Circuit Judges.

Certiorari Denied January 13, 1969. See 89 S.Ct. 633.

OPINION OF THE COURT

HASTIE, Chief Judge.

As originally filed, the complaint in this suit by involuntarily retired employees of a railroad sought "an injunction, mandatory in nature" to compel the railroad "to abide by the Order and Certificate of the Interstate Commerce Commission providing for severance pay in accord with the New Orleans case." Subsequently...

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