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ALVADO v. GENERAL MOTORS CORPORATION

No. 303, Docket 27113.

303 F.2d 718 (1962)

James ALVADO, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 24, 1962.

Attorney(s) appearing for the Case

Harry Montgomery Leet, Washington, D. C. (Sidney S. Berman, New York City, Sheldon E. Bernstein, Washington, D. C., Frank Montgomery, Knoxville, Tenn., Joseph M. Stone, Washington, D. C., on the brief), for plaintiff-appellant.

Edward B. Wallace, New York City (George A. Brooks, Henry F. Hebermann, John J. Higgins, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge.

This action was brought by plaintiff in behalf of himself and certain other veterans in the employ of defendant to recover additional vacation benefits for the year ending June 30, 1946. The claim is based upon § 8 of the Selective Training and Service Act of 1940, 50 U.S.C.App. § 308 (1946),1 which provides:

"(b) In the case of any such person who, in order to perform such training and service,...

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