MORRIS v. CHESAPEAKE & OHIO RY. CO.

No. 9565.

171 F.2d 579 (1948)

MORRIS v. CHESAPEAKE & OHIO RY. CO.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 10, 1949.


Attorney(s) appearing for the Case

Albert H. Cole, of Peru, Ind., for appellant.

Harry K. Cuthbertson and Hugh G. Freeland, both of Peru, Ind., and Gilmore S. Haynie and Alexander M. Campbell, U.S. Attys., both of Fort Wayne, Ind., for appellee.

Before KERNER and SPARKS, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

Defendant appeals from a judgment which ordered it to place the name of plaintiff on its seniority list of train dispatchers before the name of one H. E. Middlekauf, and that it assign to plaintiff the seniority date on said list of June 3, 1945. The action arose with plaintiff's petition for enforcement of his rights under the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, § 301 et seq. The cause was heard...

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