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O'MARA v. ERIE LACKAWANNA RAILROAD COMPANY

No. 211, Docket 32184.

407 F.2d 674 (1969)

John R. O'MARA, George McCormick, Julius Packard and Walter Daly, Plaintiffs-Appellants, v. ERIE LACKAWANNA RAILROAD COMPANY, International Brotherhood of Firemen and Oilers, Henry J. Czosek, Henry J. Czosek as Chairman of Local 826, and Edward P. McEntee, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 24, 1969.

Attorney(s) appearing for the Case

James P. Shea, Buffalo, N. Y. (Flaherty & Shea, Buffalo, N. Y., on the brief), for plaintiffs-appellants.

Richard F. Griffin, Buffalo, N. Y. (Moot, Sprague, Marcy, Landy & Fernbach, and Courtland R. LaVallee, Buffalo, N. Y., on the brief), for appellee, Erie Lackawanna Railroad Co.

Richard R. Lyman, Toledo, Ohio (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., and Mulholland, Hickey & Lyman, Toledo, Ohio, on the brief), for defendants-appellees Henry J. Czosek, Henry J. Czosek as Chairman, etc., and Edward P. McEntee, etc.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and FRANKEL, District Judge.

LUMBARD, Chief Judge:

Plaintiffs brought this action in the District Court for the Western District of New York seeking damages for their allegedly wrongful discharge, without compensation, from employment as stationary engineers with the Erie Lackawanna Railroad. Joined as defendants with the Railroad are the International Brotherhood of Firemen and Oilers and several of its affiliates and officers. The complaint alleged that the union defendants had been guilty...

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