HELTON v. MERCURY FREIGHT LINES, INC.

No. 30109.

444 F.2d 365 (1971)

Marlon R. HELTON, Plaintiff-Appellant, v. MERCURY FREIGHT LINES, INC., Defendant-Third-Party Plaintiff-Appellee, v. TEAMSTERS LOCAL UNION 612, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1971.


Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., George Palmer, U. S. Dept. of Labor, Birmingham, Ala., Alan S. Rosenthal, Michael C. Farrar, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., for plaintiff-appellant.

William Gardner, Birmingham, Ala., for Mercury Freight Lines.

T. Eric Embry, Birmingham, Ala., for Local Union 612.

Before WISDOM and GOLDBERG, Circuit Judges, and DAVIS, Judge.


DAVIS, Judge:

This is a sequel to Teamsters Local Union 612 v. Helton, 413 F.2d 1380 (1969), in which this court held that plaintiff-appellant Helton, a veteran formerly employed and then rehired by Mercury Freight Lines, Inc., was entitled under the reinstatement provisions of the Universal Military Training and Service Act, 50 U.S.C. App. § 459 (now the Military Selective Service Act of 1967) to placement by his employer in...

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