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SWEENEY v. FLORIDA EAST COAST RAILWAY COMPANY

No. 24686.

389 F.2d 113 (1968)

C. E. SWEENEY, Sr., Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 13, 1968.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, Delbridge L. Gibbs, Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., for appellant, Ross & Kraushaar, Cleveland, Ohio, of counsel.

John D. McKee, Jr., Miami, Fla., Terry, McKee & Stephens, Miami, Fla., and H. T. Cook, Gen. Atty., Florida East Coast Ry. Co., St. Augustine, Fla., for appellee.

Before TUTTLE and WISDOM, Circuit Judges, and HEEBE, District Judge.

TUTTLE, Circuit Judge:

On March 16, 1965, the National Railroad Adjustment Board, First Division, made an award to the appellant, C. E. Sweeney, a locomotive engineer, stating that he was "entitled to be compensated for time lost, including specifically any vacation pay due * * * for the period from the date of his dismissal, May 25, 1962, to his compulsory retirement date, April 30, 1964, (both dates inclusive)." Sweeney, having received no such compensation from...

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