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SHAUGHNESSEY v. PENN CENTRAL TRANSPORTATION CO.

Nos. 71-1313, 71-1314.

454 F.2d 1223 (1972)

Robert W. SHAUGHNESSEY, Appellant in No. 71-1313, and James E. Moore, Jr., v. PENN CENTRAL TRANSPORTATION COMPANY. Appeal of James E. MOORE, Jr., in No. 71-1314.

United States Court of Appeals, Third Circuit.

Decided January 17, 1972.

Attorney(s) appearing for the Case

Thomas P. Shearer, Pittsburgh, Pa. (Alan R. Krier, Altoona, Pa., on the brief), for appellants.

Hermon M. Wells, Philadelphia, Pa., for appellee.

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

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal from an order of the district court granting defendant's motion for summary judgment and dismissing plaintiffs' cause of action.

The complaint in this case alleges that both plaintiffs, Moore and Shaughnessey, had at one time worked as chemists in the Altoona Test Department of defendant Penn Central Transportation Company ("the Company"). Moore was hired on April 18, 1955, and Shaughnessey...

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