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McKINNEY v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

No. 5436.

240 F.2d 8 (1956)

Henry T. McKINNEY, Appellant, v. The MISSOURI-KANSAS-TEXAS RAILROAD COMPANY and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, Appellees.

United States Court of Appeals Tenth Circuit.

December 22, 1956.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Frank D. McSherry, U. S. Atty, Muskogee, Okl., and Samuel D. Slade, Washington, D. C., on the brief), for appellant.

Dan M. Welch, Oklahoma City, Okl., and Carroll J. Donahue, St. Louis, Mo. (Wayne R. Howell, St. Louis, Mo., M. E. Clinton, Dallas, Tex., Salkey & Jones, St. Louis, Mo., and Banker & Bonds, Muskogee, Okl., on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

Henry T. McKinney, an honorably discharged veteran, brought this action against the Missouri-Kansas-Texas Railroad Company to enforce alleged employment rights under § 9 of the Universal Military Training and Service Act of 1951, 50 U.S.C.A. Appendix, § 459. The Union was granted leave to intervene on its own motion. He appeals from the judgment of the Court dismissing his complaint on the grounds that it failed to state a claim upon...

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