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MONTGOMERY v. SOUTHERN ELECTRIC STEEL COMPANY

No. 26464.

410 F.2d 611 (1969)

Joel H. MONTGOMERY, Plaintiff-Appellant, v. SOUTHERN ELECTRIC STEEL COMPANY et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

April 16, 1969.

Attorney(s) appearing for the Case

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Charles Nice, Asst. U. S. Atty., Alan D. Rosenthal, Daniel Joseph, Attys., Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., for plaintiff-appellant.

John J. Coleman, Jr., Warren B. Lightfoot, Bradley, Arant, Rose & White, Birmingham, Ala., for appellee, American Southern Steel Co.

Jerome A. Cooper, Benjamin L. Erdreich, Birmingham, Ala., Michael Gottesman, Washington, D. C., Cooper, Mitch & Crawford, Birmingham, Ala., for appellees, United Steelworkers of America, AFL-CIO and Local Union No. 5388; Bernard Kleiman, Pittsburgh, Pa., of counsel.

Before RIVES, BELL and DYER, Circuit Judges.

RIVES, Circuit Judge:

Joel H. Montgomery, a discharged ex-serviceman and former Southern Electric Steel Company employee, appeals from an adverse final judgment dismissing his seniority rights claim asserted under Section 9 of the Military Selective Service Act, as amended, 50 U.S.C. App. § 459 (1968).1 We reverse and remand with instructions.

The district court heard this case on the pleadings, the interrogatories and answers...

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