[DOWNLOAD] "Hubicki v. Acf Industries" by United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Hubicki v. Acf Industries
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 20, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is a consolidated appeal from two orders issued in separate actions by the United States District Court for the Middle District of Pennsylvania. In the first case, No. 72-1460, plaintiff Hubicki sued defendant ACF Industries, Inc. ("ACF"), seeking damages for his allegedly wrongful discharge from employment and reinstatement to his former job. ACF moved for summary judgment which was granted by Judge Herman on November 4, 1971, on the ground that plaintiffs complaint and affidavit failed to state a cause of action. Hubicki then instituted a second lawsuit, No. 72-1712, this time against ACF and his union, the United Steelworkers of America ("the union"). This case was assigned to Judge Muir who entered a judgment on the pleadings in favor of ACF on the theory that plaintiffs claim was res judicata, 344 F. Supp. 1247. He also granted the unions motion for summary judgment after finding that there existed no triable issue of material fact and that the union should prevail as a matter of law. Plaintiff appeals from all of these rulings and we affirm.

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