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GEHRHARDT v. GENERAL MOTORS CORP.

No. 453, Docket 77-7440.

581 F.2d 7 (1978)

Henry A. GEHRHARDT, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Joseph Kevin McKay, New York City (Hays, St. John, Abramson & Heilbron, New York City, of counsel), for plaintiff-appellant.

Roy L. Reardon, New York City (James S. Frank, Simpson Thacher & Bartlett, New York City, Otis Smith, Gen. Counsel, General Motors Corp., Detroit, Mich., of counsel), for defendant-appellee.

Before MOORE, SMITH, and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Appellant, a former long-time employee of General Motors ("GM"), who brought this action against it in the Southern District of New York for recovery of separation and retirement benefits, appeals from a judgment n. o. v. dismissing his complaint after a jury trial. The action was based upon appellant's claim that GM arbitrarily classified him as "specially separated" rather than "laid off" when he ceased working for that corporation and...

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