VOSCH v. WERNER CONTINENTAL, INC.

No. 83-5468.

734 F.2d 149 (1984)

Carol Jean VOSCH, executrix of the last will of Charles Lowry, deceased and David Gaibis and others similarly situated, Appellees, v. WERNER CONTINENTAL, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided May 14, 1984.


Attorney(s) appearing for the Case

Ronald A. Berlin, Paul D. Boas (argued), Berlin, Boas & Isaacson, Pittsburgh, Pa., for appellees.

Francis M. Milone (argued), Kenneth D. Kleinman, Philadelphia, Pa., for appellant; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Before ADAMS and SLOVITER, Circuit Judges, and KELLY, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

David Gaibis and Charles Lowry were employed as over-the-road drivers by Werner Continental, Inc. (Werner) as its break-bulk terminal in West Middlesex, Pennsylvania. Werner, a freight carrier certified by the Interstate Commerce Commission (ICC), was acquired in January 1979 by Hall's Motor Transit Company (Hall's).

After having been dismissed from their jobs for "chronic and habitual absenteeism," Gaibis...

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