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HIRE v. E. I. DuPONT De NEMOURS & COMPANY

No. 15277.

324 F.2d 546 (1963)

Sam J. HIRE, Plaintiff-Appellee, v. E. I. DuPONT De NEMOURS & COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 18, 1963.

Attorney(s) appearing for the Case

W. Ovid Collins, Jr., Nashville, Tenn., (W. B. De Riemer, Wilmington, Del., Charles L. Cornelius, Nashville, Tenn., on the brief), for appellant.

Joseph L. Lackey, Jr., Nashville, Tenn., (Kenneth Harwell, U. S. Atty., Jeter S. Ray, Regional Attorney, John D. Black, Attorney, U. S. Dept. of Labor, Nashville, Tenn., on the brief), for appellee.

Before WEICK, Circuit Judge, DARR, Senior Judge, and TAYLOR, District Judge.

TAYLOR, District Judge.

This is an appeal by E. I. DuPont De Nemours & Company, Inc., defendant-appellant, hereinafter called defendant, from an order of the District Judge sustaining motion for summary judgment of Sam J. Hire, plaintiff-appellee, hereinafter called plaintiff, and dismissing motion for summary judgment of the defendant.

The action is based on Section 9(d) of the Universal Military Training and Service Act of 1951, as amended,

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