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DOYLE v. DIVISION NO. 1127

Civil A. Nos. 1947, 2059.

76 F.Supp. 655 (1947)

DOYLE et al. v. DIVISION NO. 1127 OF AMALGAMATED ASS'N. OF STREET, ELECTRIC RY. & MOTOR COACH EMPLOYEES OF AMERICA et al. BARTON et al. v. SAME.

District Court, W. D. Louisiana, Alexandria Division.

April 29, 1947.

Attorney(s) appearing for the Case

J. Lyle Debellevue, Asst. U. S. Atty., of Shreveport, La., for plaintiffs Doyle and others.

Cameron Murchison and Howard B. Gist, Jr., both of Alexandria, La., for plaintiffs Barton and others.

Aubrey B. Hirsch, of Baton Rouge, La., and O. David Zimring and Hans Lehmann, both of Chicago, Ill., for defendant Division No. 1127 of Amalgamated Ass'n. of Street, Electric Ry. and Motor Coach Employees of America.

Grove Stafford, of Alexandria, La., for defendant Southern Bus Lines, Inc., in both cases.

LeRoy Smallenberger, of Shreveport, La., for interveners-defendants (Veterans) in both cases.

PORTERIE, District Judge.

The applicable statute in this case is 50 U.S.C.A.Appendix, § 308(b) (B). We shall quote the dominant parts of the statute to this case. What we might term the preamble in (b) the phrase "other than a temporary position", and then all of (B): "If such position was in the employ of a private employer, such employer shall restore such person to such position or to a position of like seniority, status, and pay unless the employer's circumstances...

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