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JOHNSON v. INTERSTATE TRANSIT LINES

No. 3435.

163 F.2d 125 (1947)

JOHNSON v. INTERSTATE TRANSIT LINES.

Circuit Court of Appeals, Tenth Circuit.

August 7, 1947.

Attorney(s) appearing for the Case

O. K. Clay, Asst. U. S. Atty., of Salt Lake City, Utah (Dan B. Shields, U. S. Atty., and Scott M. Matheson, Asst. U. S. Atty., both of Salt Lake City, Utah, on the brief), for appellant.

B. P. Leverich, of Salt Lake City, Utah (H. B. Thompson, A. U. Miner and M. J. Bronson, all of Salt Lake City, Utah, on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Appellant, Sylvan E. Johnson, instituted this action under the Declaratory Judgment Act1 for a declaration establishing his seniority rights as an employee of Appellee, Interstate Transit Lines.2 This is an appeal by him from the judgment of the trial court dismissing his action.

On March 9, 1942, appellant was employed by the Union Pacific Stage Company,3

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