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TILTON v. MISSOURI P. R. CO.

No. 49.

376 U.S. 169 (1964)

TILTON ET AL. v. MISSOURI PACIFIC RAILROAD CO.

Supreme Court of United States.

Decided February 17, 1964.

Attorney(s) appearing for the Case

Philip B. Heymann argued the cause for petitioners. On the brief were Solicitor General Cox, Assistant Attorney General Douglas, Alan S. Rosenthal and Richard S. Salzman.

Robert W. Yost argued the cause and filed a brief for respondent.

George S. Parish filed a brief for the Veterans of Foreign Wars National Rehabilitation Service, as amicus curiae, urging reversal.

Clarence M. Mulholland, Edward J. Hickey, Jr. and Richard R. Lyman filed a brief for the Railway Employes' Department, AFL-CIO, as amicus curiae, urging affirmance.

MR. JUSTICE GOLDBERG delivered the opinion of the Court.

Since 1940 Congress, as an integral part of selective service legislation, has protected the reemployment rights of veterans.1 The principle underlying this legislation is that he who is "called to the colors [is] not to be penalized on his return by reason of his absence from his civilian job." Fishgold v. Sullivan Drydock &...

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