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CZOSEK v. O'MARA

No. 234.

397 U.S. 25 (1970)

90 S.Ct. 770

25 L.Ed.2d 21

CZOSEK ET AL. v. O'MARA ET AL.

Supreme Court of United States.

Decided February 24, 1970

Attorney(s) appearing for the Case

Richard R. Lyman argued the cause for petitioners. With him on the brief was Clarence M. Mulholland.

James P. Shea argued the cause for respondents O'Mara et al. On the brief was William B. Mahoney. Richard F. Griffin argued the cause for respondent Erie Lackawanna Railroad Co. With him on the brief were Thomas G. Rickert and Courtland R. LaVallee.

MR. JUSTICE WHITE delivered the opinion of the Court.

In 1960, the corporate respondent, Erie Lackawanna Railroad Company, was formed by the merger of the Erie Railroad and the Delaware, Lackawanna & Western Railroad. Thereafter, the individual respondents, former employees of the Delaware Lackawanna, continued as employees of the Erie Lackawanna until 1962, when they were furloughed; after the 1962 furlough, the respondent employees were never recalled by the...

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