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RUDISILL v. CHESAPEAKE & O. RY. CO.

No. 5701.

167 F.2d 175 (1948)

RUDISILL v. CHESAPEAKE & O. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

April 1, 1948.

Attorney(s) appearing for the Case

R. Roy Rush, Asst. U. S. Atty., of Roanoke, Va., (Howard C. Gilmer, Jr., Acting U. S. Atty., of Pulaski, Va., on the brief), for appellant.

J. M. Perry, of Stanton, Va., and Edward M. Hudgins, of Richmond, Va., for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

The question raised in this case is whether Section 8 of the Selective Training and Service Act of 1940, as amended, 50 U.S. C.A.Appendix, § 308, providing for the restoration to his former employment of a person discharged from the land or naval service, applies to a person who was deferred from induction because he was engaged in an endeavor essential to the war effort, and who surrendered his position voluntarily in order to be eligible...

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