ANTONIOLI v. LEHIGH COAL AND NAVIGATION COMPANY

Nos. 71-1257, 71-1258.

451 F.2d 1171 (1971)

Reno ANTONIOLI and Albert Gist, individually and on behalf of others adversely affected, Appellants in No. 71-1257, and the South Jersey Texas Employees Association v. LEHIGH COAL AND NAVIGATION COMPANY et al. Appeal of the SOUTH JERSEY TEXAS EMPLOYEES ASSOCIATION, in No. 71-1258.

United States Court of Appeals, Third Circuit.

Decided November 30, 1971.

As Amended December 17, 1971.

Rehearing Denied January 7, 1972.


Attorney(s) appearing for the Case

Lawrence J. Richette, Philadelphia, Pa., for appellants.

Warren M. Laddon, Morgan, Lewis & Bockius, Philadelphia, Pa., for Lehigh & New England Railway, and The Central Railroad Co. of N. J.

Matthew J. Broderick, Dechert, Price & Rhoads, Philadelphia, Pa., for Lehigh Coal & Navigation Co. and Lehigh & New England Railroad.

Before VAN DUSEN, ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before the court on appeal from a district court order of December 30, 1970, granting summary judgment for defendants on Counts I and II of the complaint and dismissing Count III, without prejudice, for lack of standing to sue, after both plaintiffs and defendants had filed motions for summary judgment.

On September 26, 1961, the Interstate Commerce Commission, pursuant to 49 U.S.C. §...

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