United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued September 15, 1953.
Decided March 3, 1954.
Attorney(s) appearing for the Case
T. S. L. Perlman, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Joseph G. Hildenberger, U. S. Atty., Edward A. Kallick, Asst. U. S. Atty., Philadelphia, Pa., Samuel D. Slade, Atty., Department of Justice, Washington, D. C., on the brief), for appellant.
Richard R. Lyman, Toledo, Ohio (William M. Gerber, Philadelphia, Pa., Mulholland, Robie & Hickey, Toledo, Ohio, on the brief), for System Federation No. 96 and others.
Harry E. Sprogell, Philadelphia, Pa. (Saul, Ewing, Remick & Saul, Philadelphia, Pa., on the brief), for Lehigh Valley R. Co.
Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.
United States Court of Appeals Third Circuit.
BIGGS, Chief Judge.
This appeal requires a construction of Section 8 of the Selective Training and Service Act of 1940, as amended.1 On June 24, 1942, Diehl was employed as a "car-man helper" by the Lehigh Valley Railroad Company. A car-man helper's job fell into a sub-class of a division of the craft of "car-men" under a collective bargaining agreement executed by Diehl's union and the railroad. On February 19, 1943, Diehl was promoted...
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