Legal Opinion

Clemens v. Central Railroad Co. of New Jersey

Court of Appeals for the Third Circuit

Decided August 9, 1968No. 16514PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

HASTIE, Chief Judge.

As originally filed, the complaint in this suit by involuntarily retired employees of a railroad sought “an injunction, mandatory in nature” to compel the railroad “to abide by the Order and Certificate of the Interstate Commerce Commission providing for severance pay in accord with the New Orleans case.” Subsequently, an amendment to the complaint supplemented the prayer for relief by asking “in the alternative” that the court issue a mandatory injunction requiring the parties to arbitrate their dispute.

The complaint alleges that since January, 1962,…

2Cases cited5 opinions

  1. United States v. MoserSupreme Court of the United States · 1924
  2. Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
  3. Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
  4. Independent Petroleum Workers of America, Inc. v. American Oil CompanyCourt of Appeals for the Seventh Circuit · 1964
  5. Roberts v. Lehigh & New England Railway Co.District Court, E.D. Pennsylvania · 1962

3Cited by24 opinions

  1. Jackson v. District of ColumbiaDistrict of Columbia Court of Appeals · 1980
  2. Ramos González v. Félix MedinaSupreme Court of Puerto Rico · 1988
  3. Richard Nemitz v. Norfolk and Western Railway CompanyCourt of Appeals for the Sixth Circuit · 1971
  4. Bristol Farmers Market and Auction Company and Closeouts, Inc. v. Arlen Realty & Development Corp.Court of Appeals for the Third Circuit · 1978
  5. Antonioli v. CoalCourt of Appeals for the Third Circuit · 1971

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