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ROSE v. TEXAS & N. O. R. CO.

No. 12239.

171 F.2d 458 (1948)

ROSE v. TEXAS & N. O. R. CO.

United States Court of Appeals Fifth Circuit.

December 17, 1948.

Attorney(s) appearing for the Case

Henry W. Moursund, U. S. Atty. and Joel W. Westbrook, Asst. U. S. Atty., both of San Antonio, Tex., for appellant.

Walton D. Taylor, of Marlin, Tex., for appellee.

Before HUTCHESON, SIBLEY and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, plaintiff below, a returned veteran, brought this suit under Sec. 308, Title 50 U.S.C.A.Appendix, to compel defendant to assign him as inside hostler and for damages.

The claim was: that at the time of his entry into military service, plaintiff was employed as a roundhouse laborer; that on November 29, 1945, after his discharge from military service, he applied to defendant for reemployment with assignment as a roundhouse...

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