COX v. BOSTON CONSOL. GAS CO.

No. 5215.

67 F.Supp. 742 (1946)

COX v. BOSTON CONSOL. GAS CO.

District Court, D. Massachusetts.

August 30, 1946.


Attorney(s) appearing for the Case

Edmund J. Brandon, U. S. Atty., and William T. McCarthy, Asst. U. S. Atty., both of Boston, Mass., for plaintiff.

William M. Brady, C. Russell Walton, and James S. Eastham, all of Boston, Mass., for defendant.


WYZANSKI, District Judge.

This is a suit by an ex-service man seeking re-employment under the provisions of section 8(b) of the Selective Training and Service Act of 1940, as amended, 50 U.S. C.A.Appendix, § 308(b). The defendant employer has filed a motion for summary judgment in which it asserts that, as disclosed in an agreed statement of facts, plaintiff failed to apply seasonably for re-employment.

These are the facts so far as material. In August...

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