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SMITH v. MISSOURI PACIFIC TRANSPORTATION COMPANY

No. 17031.

313 F.2d 676 (1963)

Harry W. SMITH, Appellant, v. MISSOURI PACIFIC TRANSPORTATION COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

February 7, 1963.

Attorney(s) appearing for the Case

Carrold E. Ray, Marianna, Ark., for appellant.

Herschel H. Friday, Jr., Little Rock, Ark., for appellee; Pat Mehaffy, Little Rock, Ark., with him on the brief.

Before SANBORN and BLACKMUN, Circuit Judges, and REGISTER, District Judge.

BLACKMUN, Circuit Judge.

By this action Harry W. Smith, a retired army colonel born 8 December 1892, seeks reinstatement in his civilian employment with the defendant and damages for salary loss. He bases his claim, in the alternative, on § 9(g) (1) and (2) of the Universal Military Training and Service Act, adopted in 1948, 62 Stat. 604, 614, 50 U.S.C.App. § 459(g) (1) and (2),1 and on § 8 of the earlier

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