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BOSTON & M. R. R. v. BENTUBO

Nos. 4211, 4212.

160 F.2d 326 (1947)

BOSTON & M. R. R. v. BENTUBO. BENTUBO v. BOSTON & M. R. R.

Circuit Court of Appeals, First Circuit.

March 7, 1947.

Attorney(s) appearing for the Case

John De Courcy, of Boston, Mass., for B. & M. R. R.

Searcy L. Johnson, Sp. Asst. to Atty. Gen., Philip W. Yager, of Washington, D. C., John F. Sonnett, Asst. Atty. Gen., Fendall Marbury, Atty., Department of Justice, of Washington D. C., and George F. Garrity, U. S. Atty., and William J. Koen, Asst. U. S. Attorney, both of Boston, Mass., for William Bentubo.

Before MAHONEY and WOODBURY, Circuit Judges, and HEALEY, District Judge.

WOODBURY, Circuit Judge.

These are cross appeals from a judgment ordering a petitioner under § 8 (e) of the Selective Training and Service Act of 1940, 54 Stat. 891, 50 U.S.C.A.Appendix, § 308(e) restored to the employment from which he resigned in order to volunteer for induction into the military service, and in addition awarding him as damages the wages he would have earned in that employment from the date of his application for restoration therein to...

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