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MOE v. EASTERN AIR LINES

No. 16409.

246 F.2d 215 (1957)

Derlyn E. MOE, Appellant, v. EASTERN AIR LINES, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 18, 1957.

Attorney(s) appearing for the Case

Hershel Shanks, Atty., Dept. of Justice, Samuel D. Slade, Atty., Washington, D. C., E. David Rosen, Asst. U. S. Atty., Miami, Fla., George Cochran Doub, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

W. Glen Harlan, Atlanta, Ga., Charles M. Moon, Miami, Fla., Gambrell, Harlan, Russell, Moye & Richardson, Atlanta, Ga., E. Smythe Gambrell, Atlanta, Ga., of counsel, for Eastern Air Lines, Inc.

Before BORAH, RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This action is by an honorably discharged veteran to enforce alleged reemployment rights under Section 9 of the Universal Military Training and Service Act of 1951, 65 Stat. 75, 50 U.S.C.A. Appendix, § 459.1 The appellant insists that the defendant's motion for summary judgment was improperly granted, and that summary judgment should have been rendered in favor of the...

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