WOOD v. SOUTHERN PACIFIC CO.

No. 25213.

447 F.2d 486 (1971)

Leo WOOD, Appellant, v. SOUTHERN PACIFIC CO., Appellee.

United States Court of Appeals, Ninth Circuit.

August 17, 1971.


Attorney(s) appearing for the Case

Robert Bogason (argued), William R. Denton, San Francisco, Cal., Randolph Karr, Los Angeles, Cal., for appellee.

Before ELY, HUFSTEDLER, Circuit Judges, and BEEKS, District Judge.


PER CURIAM:

Appellant, a veteran returning from military service, appeals from the District Court's judgment in favor of appellee. Appellant claims that the railroad failed to meet its duty under 50 U.S.C. App. 459 to offer him the same job and benefits he would have had if he had not entered the service.

Had appellant remained at his job as a fireman, he undeniably would have been given the opportunity to become a switchman. The mere fact that management...

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