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LOCAYNIA v. AMERICAN AIRLINES, INC.

No. 24861.

457 F.2d 1253 (1972)

John P. LOCAYNIA et al., Plaintiffs-Appellants, v. AMERICAN AIRLINES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended April 13, 1972.

Rehearing Denied May 30, 1972.

Attorney(s) appearing for the Case

Asher W. Schwartz, New York City (argued), J. A. Darwin, San Francisco, Cal., O'Donnell & Schwartz, New York City, Darwin & Riordan, San Francisco, Cal., for plaintiffs-appellants.

Carl J. Schuck (argued), George Christensen, of Overton, Lyman & Prince, Arthur H. Porche, Area Representative, Los Angeles, Cal., Arthur M. Wisehart, New York City, Robert L. Shelby, Asst. Reg. Administrator, San Francisco, Cal., for appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and BATTIN, District Judge.

HUFSTEDLER, Circuit Judge:

Locaynia, Golden, and Specht filed an action against their employer, American Airlines ("American") to recover vacation pay claimed due them under the terms of a collective bargaining agreement and 50 U.S.C. § 459(b) and (c) (Universal Military Training and Service Act). They appeal from a summary judgment in favor of their employer.

Locaynia was hired on November 4, 1964, worked for the airline until he entered military service...

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