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CONSEGLIO v. PENNSYLVANIA RAILROAD COMPANY

211 F.Supp. 567 (1962)

Joseph J. CONSEGLIO, George M. Hannan, Jr., Thomas J. Michaels, Robert J. Moretto, Denis J. O'Shaughnessy and Joseph F. Skelly, Plaintiffs, v. The PENNSYLVANIA RAILROAD COMPANY and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, Defendants.

United States District Court S. D. New York.

November 14, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, for plaintiffs, Thomas H. Baer, Asst. U. S. Atty., of counsel.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant, The Pennsylvania RR Co., Edward F. Butler, Reginald Leo Duff, F. Sherwood Alexander, New York City, of counsel.

Joseph A. Marchetti, New York City, Allen S. Olmsted, 2nd, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for defendant, Brotherhood of Ry. and Steamship Clerks, Freight Handlers, Express and Station Employes.

WEINFELD, District Judge.

This is an action by six plaintiffs brought on their behalf by the United States Attorney under the provisions of the Selective Training and Service Act of 1940, as amended,1 wherein they seek to obtain seniority status higher than that accorded to them by the defendant railroad upon their return from military service during World War II. The union of which they are members has also been named as a defendant....

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