FISHGOLD v. SULLIVAN CORP.

No. 970.

328 U.S. 275 (1946)

FISHGOLD v. SULLIVAN DRYDOCK & REPAIR CORP. ET AL.

Supreme Court of United States.

Decided May 27, 1946.


Attorney(s) appearing for the Case

Assistant Attorney General Sonnett argued the cause for petitioner. With him on the brief were Solicitor General McGrath, Frederick Bernays Wiener, Robert L. Werner, Searcy L. Johnson, Paul A. Sweeney, Abraham J. Harris and Cecelia Goetz.

J. Read Smith argued the cause and filed a brief for the Sullivan Dry Dock Corporation, respondent.

M.H. Goldstein argued the cause and filed a brief for Roy Granata, respondent.

Ralph B. Gregg filed a brief for the American Legion, as amicus curiae, urging reversal.

Briefs were filed as amici curiae by Joseph A. Padway and Herbert S. Thatcher for the American Federation of Labor, by Frank L. Mulholland, Clarence M. Mulholland and Willard H. McEwen for the Railway Labor Executives' Association, and by Lee Pressman, Eugene Cotton, Frank Donner, John J. Abt, Isadore Katz, Lindsay P. Walden, Ben Meyers, William Standard and Leon M. Despres for the Congress of Industrial Organizations and certain affiliated organizations, in support of respondents.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner is an employee of the Sullivan Drydock & Repair Corporation. He entered its employ in 1942 and worked for it at a shipyard until he was inducted into the Army in 1943. He served in the Army a little over a year and was honorably discharged and received a certificate to that effect. He had worked for the corporation as a welder and, after his tour of duty...

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