WEAVER v. PENNSYLVANIA RAILROAD COMPANY, 240 F.2d 350 (2nd Cir. 1957)


James R. WEAVER, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

No. 107, Docket 24116.United States Court of Appeals, Second Circuit.Argued January 9, 1957.
Decided January 22, 1957.

Appeal from the United States District Court for the Southern District of New York; William B. Herlands, Judge.

James R. Weaver appeals from a summary judgment for The Pennsylvania Railroad Company in his action for damages for his discharge from defendant’s employment pursuant to a decision of the System Board of Adjustment set up under the collective bargaining agreement between plaintiff’s union and defendant. Affirmed.

Bennett E. Aron, Brooklyn, N.Y., for plaintiff-appellant.

Donald H. Balleisen, of Conboy, Hewitt, O’Brien Boardman, New York City, for defendant-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

Affirmed on the opinion of District Judge Herlands, D.C.S.D.N.Y., 141 F. Supp. 214.

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