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McCARTHY v. M & M TRANSP. CO.

No. 4221.

160 F.2d 322 (1947)

McCARTHY v. M & M TRANSP. CO

Circuit Court of Appeals, First Circuit.

February 24, 1947.

Attorney(s) appearing for the Case

Richard J. Cotter Jr., of Boston, Mass. (Clarence A. Barnes and Nicholas DeLeo, both of Boston, Mass., of counsel), for appellant.

Joseph B. Wolbarsht, of Boston, Mass. (Rome & Wolbarsht, of Boston, Mass., of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This is an appeal from an order dismissing an action brought under the provisions of § 8(b) of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix § 308(b), to require the respondent to restore the plaintiff to his former position as a trailer-truck driver, or a position of like seniority, status and pay.

On or about January 23, 1943, the petitioner who...

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