McNICHOLS v. SOUTHERN RAILWAY COMPANY

No. 871.

194 F.Supp. 148 (1961)

Charles E. McNICHOLS, Plaintiff, v. SOUTHERN RAILWAY COMPANY and The Cincinnati, New Orleans & Texas Pacific Railway Company, Defendants.

United States District Court E. D. Kentucky, Covington Division.

April 13, 1961.


Attorney(s) appearing for the Case

Jean L. Auxier, U. S. Atty., Lexington, Ky., Marvin Tincher, Regional Office of U. S. Dept. of Labor, Nashville, Tenn., for plaintiff.

Geoghegan, Levy & Daly, by Lewis Levy, Cincinnati, Ohio, James I. Hardy, Washington, D. C., for defendants.


SWINFORD, District Judge.

This action was brought under Section 9 of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 459, as amended, to establish the plaintiff's right to certain reemployment benefits. Jurisdiction is conferred on this court by Section 9(d).

The Southern Railway Company was originally named as a defendant but has been dismissed by agreement of the parties.

The parties are in substantial agreement as to...

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