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SHANAHAN v. ATLANTIC REFINING COMPANY

No. 13350.

294 F.2d 360 (1961)

Timothy J. SHANAHAN, Jr., Appellant, v. ATLANTIC REFINING COMPANY.

United States Court of Appeals Third Circuit.

Decided September 6, 1961.

Attorney(s) appearing for the Case

James J. Phelan, Jr., Asst. U. S. Atty., Philadelphia, Pa. (Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., on the brief), for appellant.

Hal F. Doig, Philadelphia, Pa. (Roy W. Johns, Harry Rosenblum, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

The plaintiff-appellant, Shanahan, brought suit against the defendant-appellee, Atlantic Refining Company, asserting that he is entitled to reemployment by the Atlantic with seniority from September 25, 1941, pursuant to the provisions of the Universal Military Training and Service Act, as amended, 50 U.S. C.A.Appendix, § 459, subsections (a) and (b), but because Shanahan left the employment of Atlantic for induction into the Armed Forces...

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