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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