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HORTON v. UNITED STATES STEEL CORPORATION

No. 18367.

286 F.2d 710 (1961)

Avner M. HORTON, Appellant, v. UNITED STATES STEEL CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

January 31, 1961.

Attorney(s) appearing for the Case

John A. Jenkins, Birmingham, Ala., for appellant.

Andrew J. Thomas, Birmingham, Ala., Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The only new twist in this case involving a veteran's reemployment after return from military service1 is whether transfer to other available work is to be treated as in the case of promotion. In the latter situation promotion must be an automatic right from seniority or time alone with no possibility of loss through proficiency tests or other managerial discretionary selection. McKinney v. Missouri...

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