LOEB v. KIVO

No. 249, Docket No. 20959.

169 F.2d 346 (1948)

LOEB v. KIVO et al.

Circuit Court of Appeals Second Circuit.

August 4, 1948.


Attorney(s) appearing for the Case

Allan R. Campbell, of Bronxville, N.Y. (Scribner & Miller and Herbert Plaut, all of New York City, on the brief), for appellants.

Alfred Feingold, of New York City (Feingold & Falussy and Aloysius C. Falussy, all of New York City, on the brief), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action brought under § 8(e) of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 308(e), to compel compliance by the employer with its provisions and, "as an incident thereto," to compensate him for any loss of wages or benefits suffered by reason of the employer's failure to reinstate him to his former position or to a position of like "seniority, status...

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