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BRICKNER v. JOHNSON MOTORS

No. 17828.

425 F.2d 75 (1970)

David J. BRICKNER, Plaintiff-Appellee, v. JOHNSON MOTORS, a Division of Outboard Marine Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

April 30, 1970.

Attorney(s) appearing for the Case

Charles R. Sprowl, Michael D. Aufrecht, Chicago, Ill., for defendant-appellant; Taylor, Miller, Magner, Sprowl & Hutchings, Chicago, Ill., of counsel.

Alan S. Rosenthal, William D. Appler, Attys., Dept. of Justice, Washington, D. C., Thomas A. Foran, U. S. Atty., Chicago, Ill., William D. Ruckelshaus, Asst. Atty. Gen., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KERNER, Circuit Judge.

David J. Brickner, an honorably discharged veteran, filed a complaint under Section 9 of the Military Selective Service Act (Act) of 1967 (50 U.S.C. App. § 459) seeking the establishment of seniority from the date of his original employment.

Johnson Motors (Johnson) initially employed Brickner as a packer on September 8, 1965, in the shipping department. The labor agreement then in force...

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