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KENDLER v. WIRTZ

No. 16340.

388 F.2d 381 (1968)

Harold KENDLER, B. L. Millman, F. D. Walsh, Charles J. French, J. G. Schumann, H. J. Newbauer, Robert Kinnear and Manhattan Lodge No. 946, Brotherhood of Railroad Trainmen, Appellants, v. W. Willard WIRTZ, Secretary of Labor and Robert C. Weaver, Secretary, Department of Housing and Urban Development.

United States Court of Appeals Third Circuit.

Decided January 18, 1968.

Attorney(s) appearing for the Case

Francis J. Hartman, Hartman & Schlesinger, Mount Holly, N. J., Jan M. Schlesinger, Mount Holly, N. J., on the brief), for appellants.

Leonard Schaitmann, Dept. of Justice, Appellate Section, Civil Division, Washington, D. C. (Carl Eardly, Acting Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Alan S. Rosenthal, Harvey L. Zuckman, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

The plaintiffs in this action, appellants here, are seven employees of the Pennsylvania Railroad and the local of the Brotherhood of Trainmen to which they belong. They sued in a district court to enjoin the Secretary of Labor from certifying that "fair and equitable arrangements", within the meaning of section 10(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. § 1609 (c), have been made to protect...

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