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HEWITT v. SYSTEM FEDERATION NO. 152, ETC.

No. 9244.

161 F.2d 545 (1947)

HEWITT v. SYSTEM FEDERATION NO. 152 OF RY. EMPLOYEES' DEPT. OF AMERICAN FEDERATION OF LABOR et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 2, 1947.

Attorney(s) appearing for the Case

Daniel D. Lynch, of Hammond, Ind., and Willard H. McEwen, of Toledo, Ohio (Mulholland, Robie & McEwen, of Toledo, Ohio, of counsel), for appellants.

Alexander M. Campbell, U. S. Atty., and Gilmore S. Haynie, Asst. U. S. Atty., both of Fort Wayne, Ind., James E. Keating, Asst. U. S. Atty., of South Bend, Ind., John F. Sonnett, Asst. Atty. Gen., Searcy L. Johnson, Sp. Asst. to Atty. Gen., Philip W. Yager and Geoffrey N. Mann, Attys., Department of Justice, both of Washington, D. C., for appellee.

KERNER and MINTON, Circuit Judges, and BRIGGLE, District Judge.

KERNER, Circuit Judge.

Hewitt, the appellee, on February 27, 1942, entered the employ of the Chicago, South Shore & South Bend Railroad Company as a car cleaner and continued to work in that classification until December, 1942, when he was inducted into the Army. He was honorably discharged on January 15, 1946, and thereafter, on January 23, 1946, the railroad restored him to his old position.

The railroad has in its employ persons classified as carman...

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