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COMBUSTION ENGINEERING CO. v. MILLER

No. 10506.

165 F.2d 372 (1948)

COMBUSTION ENGINEERING CO., Inc. v. MILLER.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1948.

Attorney(s) appearing for the Case

Jac Chambliss, of Chattanooga, Tenn. (Chambliss, Chambliss & Brown, of Chattanooga, Tenn., on the brief), for appellant.

Ferdinand Powell, Jr., of Johnson City, Tenn. (J. B. Frazier, Jr., U. S. Atty., of Chattanooga, Tenn., and O. T. Ault, Assts. U. S. Atty., of Pikeville, Tenn., on the brief), for appellee.

Before HICKS, SIMONS and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

This action was brought on behalf of the complainant, Floyd Columbus Miller, against his employer, Combustion Engineering Company, Inc., by the United States Attorney for the Eastern District of Tennessee, in pursuance of the provisions of the Army Reserve and Retired Personnel Service Law of 1940, Resolution of August 27, 1940, Chapter 689, Sec. 3, 54 Stat. 859, as amended by the Act of December 8, 1944, Chapter 548, Sec. 2, 58 Stat. 799, U...

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