BUNDY v. PENN CENTRAL COMPANY

Nos. 71-1319, 71-1322.

455 F.2d 277 (1972)

David C. BUNDY and James E. Feldscher, Plaintiffs-Appellants, v. PENN CENTRAL COMPANY and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, Defendants-Appellees. Robert B. WATJEN et al., Plaintiffs-Appellants, v. PENN CENTRAL COMPANY and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 11, 1972.


Attorney(s) appearing for the Case

Bernard S. Goldfarb, Cleveland, Ohio, on brief, for plaintiffs-appellants.

James L. Highsaw, Jr., Washington, D. C., for defendants-appellees; John F. Dolan, Cleveland, Ohio, on brief for Trustees of The Penn Central Transp. Co., Harold A. Ross, Cleveland, Ohio, on brief for Brotherhood of Railway, Airline and Steamship Clerks, etc.

Before WEICK, McCREE and KENT, Circuit Judges.


WEICK, Circuit Judge.

These appeals are from orders of the District Court granting motions of the defendants for summary judgment. They were consolidated for briefing and oral argument.

The controversy between the parties arose out of the merger of New York Central Railroad Company with Pennsylvania Railroad Company to form Penn Central Transportation Company1, which merger was approved by the Interstate Commerce Commission on...

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