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KELLY v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY

Civ. No. 67-318.

293 F.Supp. 423 (1968)

Darwin Jerry KELLY, Jr., Plaintiff, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court W. D. Oklahoma.

May 21, 1968.

Attorney(s) appearing for the Case

B. Andrew Potter, U. S. Atty., for the Western District of Oklahoma, and Givens Adams, Asst. U. S. Atty., for the Western District of Oklahoma, for plaintiff.

J. I. Gibson and Philip L. Savage, of Savage, Gibson, Benefield & Shelton, Oklahoma City, Okl., for defendant.

MEMORANDUM OPINION

EUBANKS, District Judge.

This case has been submitted upon an agreed statement of facts evidenced by written stipulation. Both parties have filed adequate briefs.

The pertinent facts are that plaintiff was employed by defendant on March 8, 1966, as a carman apprentice. He left such employment on April 1, 1966 to enter the military service in the armed forces of the United States where he served honorably until his discharge on...

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