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ORLANDO v. BALTIMORE & OHIO RAILROAD COMPANY

No. 19514.

455 F.2d 972 (1972)

Michael A. ORLANDO, Appellant, v. BALTIMORE & OHIO RAILROAD COMPANY, Pittsburgh, Pennsylvania, Association of American Railroads, Pennsylvania Station, Pittsburgh, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided February 4, 1972.

Attorney(s) appearing for the Case

Merle H. Hildebrand, New Castle, Pa., for appellant.

Edward V. Buckley, Jr., Mercer & Buckley, Pittsburgh, Pa., for appellee, Baltimore and Ohio Railroad Co.

David McNeil Olds, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee, Assn. of American Railroads (J. Sherman McLaughlin, John McN. Cramer, Pittsburgh, Pa., on the brief).

Before SEITZ, Chief Judge, and KALODNER and GIBBONS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) on December 2, 1971.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from the Order of the District Court granting the defendants' motions for summary judgment in their favor in the plaintiff's Civil Rights action filed April 7, 1969.1 The premise of the plaintiff's claim is that "he was taken out of service" of the defendant Baltimore & Ohio Railroad Company ("B & O...

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