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KENNEY v. WABASH R. CO.

No. 13680.

196 F.2d 162 (1952)

KENNEY v. WABASH R. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 4, 1952.

Attorney(s) appearing for the Case

Lansing L. Mitchell, Asst. U. S. Atty., Louis B. Porterie, New Orleans, La., for appellant.

James J. Morrison, New Orleans, La., Albert E. Schoenbeck, St. Louis, Mo., for appellee.

Before HOLMES, BORAH and STRUM, Circuit Judges.

BORAH, Circuit Judge.

This action by Robert H. Kenney against the Wabash Railroad Company was brought under the provisions of the Merchant Marine Reemployment Act, as amended, 50 U.S.C.A.Appendix, § 1471 et seq., seeking a judgment ordering his restoration to the position which he formerly held with the defendant railroad. The case was tried by the court without a jury on stipulated facts and plaintiff's claim to reemployment was rejected and judgment entered...

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