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HUDSPETH v. ESSO STANDARD OIL CO.

Nos. 13692, 13693.

170 F.2d 418 (1948)

HUDSPETH v. ESSO STANDARD OIL CO. THOMPSON v. ESSO STANDARD OIL CO.

United States Court of Appeals Eighth Circuit.

November 10, 1948.

Attorney(s) appearing for the Case

David R. Boatright, Asst. U. S. Atty., of Fort Smith, Ark. (R. S. Wilson, U. S. Atty. and Charles A. Beasley, Jr., Asst. U. S. Atty., both of Fort Smith, Ark., on the brief), for appellants.

Frank E. Chowning and J. Merrick Moore, both of Little Rock, Ark., C. Horace Tuttle, of New York City, and A. M. Curtis, of Baton Rouge, La., for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

These appeals are from judgments of dismissal in actions brought by the plaintiffs (appellants), which were consolidated for trial and tried to the District Court. The actions were brought under § 8(e) of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 308(e). Each plaintiff asserted, in effect, that at the time of his induction into the armed service of the United States he held a nontemporary position...

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