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MENTZEL v. DIAMOND

No. 9537.

167 F.2d 299 (1948)

MENTZEL v. DIAMOND et al. (INTERNATIONAL ASS'N OF STRUCTURAL AND ORNAMENTAL IRON WORKERS, SHOPMEN'S LOCAL NO. 545, Interveners).

Circuit Court of Appeals, Third Circuit.

Decided March 16, 1948.

Attorney(s) appearing for the Case

Edward V. Ryan, Asst. U. S. Atty., of Newark, N. J. (Edgar H. Rossbach, U. S. Atty., of Newark, N. J., on the brief), for petitioner-appellant.

Donald C. Fox, of Newark, N. J., for intervenors.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The plaintiff in this case is a veteran who is claiming rights under Section 8 of the Selective Training and Service Act of 1940, as amended. 50 U.S.C.A.Appendix, § 308. There is no dispute in the essential facts.1 It involves only one question of law.

The veteran was employed by the defendant prior to his induction into the United States Army on February 17, 1943. Following his period of service and...

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