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GAUWEILER v. ELASTIC STOP NUT CORPORATION

No. 9253.

162 F.2d 448 (1947)

GAUWEILER v. ELASTIC STOP NUT CORPORATION OF AMERICA (LOCAL NO. 726, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C.I.O., Intervener).

Circuit Court of Appeals, Third Circuit.

Decided May 20, 1947.

Attorney(s) appearing for the Case

Abraham L. Friedman, of Newark, N. J. (Rothbard, Harris & Oxfeld, Samuel L. Rothbard, and Emil Oxfeld, all of Newark, N.J., on the brief), for appellant.

Whittemore, Porter & Pollis, of Elizabeth, N. J. (Hamilton Hicks, of New York City, Phidias L. Pollis, of Elizabeth, N. J., and Frederic P. Weller, of New York City, on the brief), for respondent.

Edgar H. Rossbach, U. S. Atty., of Newark, N. J. (Edward V. Ryan, Asst. U. S. Atty., of Newark, N. J., on the brief), for petitioner-appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This litigation presents a new phase of the problem of veterans' rights under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., of which the relevant amended portion of section 8 is cited in the margin.1 The following set of facts will present the question involved.

A man is employed by a corporate employer. His employment...

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