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DUGGER v. MISSOURI PACIFIC RAILROAD COMPANY

No. 25710.

403 F.2d 719 (1968)

Richard L. DUGGER, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 24, 1969.

Attorney(s) appearing for the Case

James R. Watson, Jr., Houston, Tex., for appellant.

James Pope Simpson, Dallas, Tex., for appellee.

Before JONES and COLEMAN, Circuit Judges, and CHOATE, District Judge.

Rehearing En Banc Denied January 24, 1969.

PER CURIAM:

The appellant, Richard L. Dugger, brought an action against his employer, Missouri Pacific Railroad Company, claiming vacation pay under Section 9 of the Universal Military Training and Service Act, 50 U.S.C.A. Sec. 459. The district court concluded that any right to vacation pay must depend upon the terms of the labor agreement between the railroad and its employees. Under this agreement, the district...

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