HUBICKI v. ACF INDUSTRIES, INCORPORATED

Nos. 72-1460 and 72-1712.

484 F.2d 519 (1973)

John HUBICKI, Appellant, v. ACF INDUSTRIES, INCORPORATED, Appellee. John HUBICKI, Appellant, v. UNITED STEELWORKERS OF AMERICA and ACF Industries, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided August 20, 1973.


Attorney(s) appearing for the Case

Ambrose R. Campana, Campana & Campana, Williamsport, Pa., for appellant.

J. Thomas Menaker, McNees, Wallace & Nurick, Harrisburg, Pa., and David L. Gore, Asst. Gen. Counsel, Pittsburgh, Pa., Bernard Kleiman, Kleiman, Cornfield & Feldman, Chicago, Ill., for appellees.

Before McLAUGHLIN, ROSENN and JAMES HUNTER, III, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is a consolidated appeal from two orders issued in separate actions by the United States District Court for the Middle District of Pennsylvania. In the first case, No. 72-1460, plaintiff Hubicki sued defendant ACF Industries, Inc. ("ACF"), seeking damages for his allegedly wrongful discharge from employment and reinstatement to his former job. ACF moved for summary judgment which was granted by...

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