PARLIMAN v. DELAWARE, L. & W. R. R.

No. 9321.

163 F.2d 726 (1947)

PARLIMAN v. DELAWARE, L. & W. R. R.

Circuit Court of Appeals, Third Circuit.

Decided September 19, 1947.


Attorney(s) appearing for the Case

Edgar H. Rossbach, U. S. Atty., and Edw. V. Ryan, Asst. U. S. Atty., both of Newark, N. J., for appellant.

Donald R. Creighton, of New York City, for appellee.

DeVoe Tomlinson, of Newark, N. J., and Willard H. McEwen, of Toledo, Ohio (Mulholland, Robie & McEwen, of Toledo, Ohio, on the brief), for intervenors.

Before MARIS, McLAUGHLIN, and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

The primary issue presented by this appeal is whether an Army discharge under the provisions of Section 11, War Department Circular No. 39, dated February 4, 1943, providing for the discharge of enlisted men 38 years of age and over to enter essential industry, constituted an unconditional discharge from military service.1

The appeal is from an order of the District...

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