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KASMEIER v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 247-70.

437 F.2d 151 (1971)

John E. KASMEIER, Plaintiff, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Defendant, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 2, 1971.

Attorney(s) appearing for the Case

Robert W. Pittman, Oklahoma City, Okl., for appellant.

Donald L. Horowitz, Atty., Dept. of Justice, Civil Div., Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., William B. Burkett, U. S. Atty., and Alan S. Rosenthal, Washington, D. C., on the brief), for appellee.

Before PICKETT, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

Kasmeier brought this suit against his employer, Chicago, Rock Island & Pacific Railroad Company, to recover damages for vacation benefits that he alleges he is entitled to under the Universal Military Training and Service Act, 50 U.S.C. App. § 459.1 The case was submitted to the trial court on stipulated facts, whereupon the court concluded that Kasmeier was entitled to vacation rights for 1968, and was awarded...

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