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DONATO v. AM. LOCOMOTIVE CO.

283 A.D. 410 (1954)

Gaetano Donato, Respondent, v. American Locomotive Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 9, 1954.

Attorney(s) appearing for the Case

Laurence V. Benedict for appellant.

Stephen Della-Rocca for respondent.

COON and IMRIE, JJ., concur with HALPERN, J.; BERGAN, J., dissents in an opinion in which FOSTER, P. J., concurs.

HALPERN, J.

This case is before this court for a second time. The plaintiff had originally sued his former employer, American Locomotive Company, and his labor union, United Steel Workers Union, C. I. O., Local Union No. 2054, for damages and for reinstatement in employment.

The original complaint alleged that the plaintiff had been discharged on April 14, 1948, for reasons which the plaintiff claimed...

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