EDWARDS v. CLINCHFIELD RAILROAD COMPANY

No. 18518.

408 F.2d 5 (1969)

R. C. EDWARDS, Jr., Plaintiff-Appellee, v. CLINCHFIELD RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

March 12, 1969.


Attorney(s) appearing for the Case

Ferdinand Powell, Jr., Johnson City, Tenn., for appellant; A. K. McIntyre, Erwin, Tenn., on brief.

John C. Eldridge, Atty., Dept. of Justice, Washington, D. C., for appellee; Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., John H. Reddy, U. S. Atty., Knoxville, Tenn., on brief.

Before COMBS, Circuit Judge, McALLISTER, Senior Circuit Judge, and KENT, District Judge.


PER CURIAM.

Appellee employee left his employment with appellant employer for two years to serve in the armed services. Thereafter, he brought an action against his employer in connection with the latter's determination of the length of vacations with pay by the number of years of continuous service during each year in which the employee rendered compensated services.

The District Court held that an employee who leaves his employment to serve in the armed...

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