Alfieri v. General Motors Corporation

Full title: THOMAS ALFIERI, APPELLANT, v. GENERAL MOTORS CORPORATION, APPELLEE

Court: United States Court of Appeals, Second Circuit

Date published: Dec 7, 1973

489 F.2d 731 (2d Cir. 1973)

Opinion

No. 103, Docket 73-1833.

Argued December 3, 1973.

Decided December 7, 1973.

James C. Heaney, Buffalo, N.Y., for appellant.

Arnold Weiss, Buffalo, N.Y. (Raichle, Banning, Weiss Halpern, Buffalo, N.Y., on the brief), for appellee.

Appeal from order of the United States District Court for the Western District of New York; John T. Curtin, Judge.

Before WATERMAN and FEINBERG, Circuit Judges, and GURFEIN, District Judge.^_

_ Of the United States District Court for the Southern District of New York, sitting by designation.

PER CURIAM:

Thomas Alfieri appeals from an order of the United States District Court for the Western District of New York, John T. Curtin, J., granting summary judgment for defendant General Motors Corporation and dismissing Alfieri's complaint, which sought restoration of employment benefits for the 18 months during which he alleges he was wrongfully denied reemployment. We affirm, substantially for the reasons given in Judge Curtin's opinion. 367 F.Supp. 1393 (W.D.N.Y. 1973).