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SULARZ v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE R. CO.

No. 15770.

259 F.2d 122 (1958)

Phillip W. SULARZ, Appellant, v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD CO., and System Federation No. 66 of the Railway Employes' Department of the American Federation of Labor, Appellees.

United States Court of Appeals Eighth Circuit.

November 10, 1958.

Attorney(s) appearing for the Case

Hershel Shanks, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., George E. MacKinnon, U. S. Atty., St. Paul, Minn., and John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Richard R. Lyman, Toledo, Ohio, for appellee System Federation No. 66 of Railway Employes' Dept., A.F.L.-C.I.O.

Osborne Becklund, Minneapolis, Minn., for appellee Minneapolis, St. P. & S. S. M. R. Co.

Mulholland, Robie & Hickey, Washington, D. C., on the brief for appellees.

Before JOHNSEN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

The purpose of this action is to enforce the claim of a veteran to reemployment rights under Section 8 of the Selective Training and Service Act of 1940, as amended, 54 Stat. 885, 890, 50 U.S.C.A.Appendix, § 459.1 More precisely, plaintiff seeks to compel his employer, Minneapolis, St. Paul & Sault Ste. Marie Railroad Co., for the sake of brevity called Company...

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