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SPEARMON v. THOMPSON

No. 13642.

167 F.2d 626 (1948)

SPEARMON et al. v. THOMPSON et al.

Circuit Court of Appeals, Eighth Circuit.

As Modified on Denial of Rehearing June 1, 1948.

Attorney(s) appearing for the Case

G. D. Walker, Asst. U. S. Atty., of Helena, Ark. (James T. Gooch, U. S. Atty., of Little Rock, Ark., on the brief), for appellants.

Leffel Gentry, of Little Rock, Ark. (Henry Donham, of Little Rock, Ark., on the brief), for appellee Guy A. Thompson, Trustee, Missouri Pac. Ry. Co.

Richard R. Lyman, of Toledo, Ohio (E. L. McHaney, Jr., of Little Rock, Ark., on the brief), for appellees System Federation No. 2 of Railway Employes' Department of American Federation of Labor.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

This action was instituted by four honorably discharged veterans of World War II to obtain rights they claim under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq. The facts were stipulated. The trial court denied relief. This appeal is from the judgment dismissing the petition on the merits.

Appellants Rhodes and Delozier entered the employment of the Missouri Pacific Railway Co., May 10, 1934...

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