Legal Opinion

Carol Jean Vosch, of the Last Will of Charles Lowry, Deceased and David Gaibis and Others Similarly Situated v. Werner Continental, Inc.

Court of Appeals for the Third Circuit

Decided May 14, 1984No. 83-5468PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

David Gaibis and Charles Lowry were employed as over-the-road drivers by Werner Continental, Inc. (Werner) as its break-bulk terminal in West Middlesex, Pennsylvania. Werner, a freight carrier certified by the Interstate Commerce Commission (ICC), was acquired in January 1979 by Hall’s Motor Transit Company (Hall’s).

After having been dismissed from their jobs for “chronic and habitual absenteeism,” Gaibis and Lowry brought suit under Section 301 of the Labor Management Re lations Act, 29 U.S.C. § 185 (1976), and the Fair Labor Standards Act, 29 U.S.C.…

2Cases cited13 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  4. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  5. Smith v. Evening News Assn.Supreme Court of the United States · 1962

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3Cited by24 opinions

  1. Joan Bacashihua, American Postal Workers Union v. United States Postal ServiceCourt of Appeals for the Sixth Circuit · 1988
  2. Parvin Katir v. Columbia UniversityCourt of Appeals for the Second Circuit · 1994
  3. Handley v. PhillipsDistrict Court, M.D. Pennsylvania · 1989
  4. David L. Anderson v. Norfolk And Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1985
  5. Leon v. Boardman TownshipOhio Supreme Court · 2003

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