Diehl v. Railroad

• Citation: 348 U.S. 960,99 L. Ed. 2d 749,75 S. Ct. 522
• Docket Number: 246.
• Decision Date: 14 March 1955
• Parties: DIEHL v. LEHIGH VALLEY RAILROAD CO. ET AL.
• Court: United States Supreme Court

348 U.S. 960

99 L. Ed. 2d 749

75 S. Ct. 522

DIEHL v. LEHIGH VALLEY RAILROAD CO. ET AL.

No. 246.

Supreme Court of the United States

Argued February 28, 1955

Argued March 1, 1955

Decided March 14, 1955

Certiorari, 348 U. S. 860, to the United States Court of Appeals for the Third Circuit.

Per Curiam:

Upon the facts disclosed in the opinion of the Court of Appeals for the Third Circuit, 211 F. 2d 95, the applicable Acts of Congress, and the opinion of this Court in Oakley v. Louisville & Nashville R. Co., 338 U. S. 278, the judgment of the Court of Appeals is reversed. MR. JUSTICE REED dissents for the reasons given in the opinion of the Court of Appeals for the Third Circuit.

Harry Montgomery Leet argued the cause for petitioner.

With him on the brief was Sheldon E. Bernstein.

Richard R. Lyman argued the cause for respondents.

With him on a brief were Clarence M. Mulholland and Edward J. Hickey, Jr. for the System Federation No. 96, Railway Employes' Department, A. F. of L., et al., respondents.

Thomas Price Mikell and Harry E. Sprogell filed a brief for the Lehigh Valley Railroad Co., respondent.

Solicitor General Sobeloff, Assistant Attorney General Burger and Samuel D. Slade filed a memorandum for the United States, as amicus curiae, urging reversal.