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COX v. BOSTON CONSOLIDATED GAS CO.

No. 4222.

161 F.2d 680 (1947)

COX v. BOSTON CONSOLIDATED GAS CO.

Circuit Court of Appeals, First Circuit.

May 29, 1947.

Attorney(s) appearing for the Case

William J. Koen, Asst. U. S. Atty., of Boston, Mass. (William T. McCarthy, U. S. Atty., of Boston, Mass., and John F. Sonnett, Asst. Atty. Gen., Searcy L. Johnson, Sp. Asst. to the Atty. Gen., and Philip W. Yager and Kenneth E. Spencer, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for appellant.

William M. Brady of Boston, Mass. (James S. Eastham and C. Russell Walton, both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment entered for the defendant in an action brought by an ex-service man for reinstatement in his former employment pursuant to the provisions of § 8(b) (B) of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 308(b) (B). The only question presented is whether the plaintiff made application to the defendant for reemployment within 90 days after he was relieved from training and service...

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