DOUGHERTY v. GENERAL MOTORS CORPORATION

No. 9785.

176 F.2d 561 (1949)

DOUGHERTY v. GENERAL MOTORS CORPORATION.

United States Court of Appeals Third Circuit.

Decided August 8, 1949.


Attorney(s) appearing for the Case

Edward V. Ryan, Asst. U. S. Atty., Newark, N.J. (Alfred E. Modarelli, U. S. Atty., Newark, N.J., on the brief), for appellant.

Thomas L. Morrissey, Jersey City, N. J. (Carpenter, Gilmour & Dwyer, Jersey City, N. J., John Backes, New York City, Patrick A. Dwyer, Jersey City, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and O'CONNELL and KALODNER, Circuit Judges.


O'CONNELL, Circuit Judge.

We are asked to decide whether, under the provisions of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 308, and of the union contracts here involved, a reemployed serviceman was entitled to vacation pay for the year of his return. Like the district court, we hold that he was not.

Virtually all the facts were stipulated. In October, 1938, Dougherty began working...

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