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ARMSTRONG v. BAKER

Civ. A. No. 73-2-W.

394 F.Supp. 1380 (1975)

Charles E. ARMSTRONG, Plaintiff, v. George P. BAKER et al., Defendants and Third-Party Plaintiffs, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES (sometimes called BRAC), a Labor Union Affiliated with AFL-CIO, et al., Third-Party Defendants.

United States District Court, N. D. West Virginia.

May 2, 1975.

Attorney(s) appearing for the Case

James F. Companion, U. S. Atty., Wheeling, W. Va., William Berger, U. S. Dept. of Labor, Washington, D. C., for plaintiff.

Robert H. C. Kay, Charleston, W. Va., for defendants and third-party plaintiffs.

Highshaw & Mahoney, Washington, D. C., Arch W. Riley, Wheeling, W. Va., Wm. J. Donlon, Gen. Counsel for BRAC, Rosemont, Ill., for third-party defendants.

OPINION

MAXWELL, Chief Judge.

This is an action by Charles E. Armstrong, a former employee of Penn Central Transportation Company, to obtain restoration, with seniority, to Penn Central's employ, together with lost wages, pursuant to Section 9 of the Military Selective Service Act, as amended, 50 U.S.C. App. § 459. The defendants, Trustees of the property of Penn Central Transportation Company (referred to hereinafter as Penn Central) impleaded the...

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