O'MARA v. PETERSEN SAND & GRAVEL COMPANY, INC.

No. 73-1620, 73-1621.

498 F.2d 896 (1974)

Timothy O'MARA, Appellant, Cross-Appellee, v. PETERSEN SAND & GRAVEL COMPANY, INC., Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1974.


Attorney(s) appearing for the Case

Elmer Gertz and Wayne B. Giampietro, Chicago, Ill., Gerson I. Gluck, Waukegan, Ill., for O'Mara.

Robert E. Kopp and Robert Greenspan, U. S. Dept. of Justice, William J. Kilberg, Solicitor of Labor, Harold C. Nystrom, Associate Solicitor, Bobbye D. Spears, William H. Berger, Attys., Dept. of Labor, Washington, D. C., for amicus curiae.

Kenneth J. Glick, Libertyville, Ill., Ronald S. Barliant, Chicago, Ill., for Petersen Sand & Gravel.

Before KILEY, Senior Circuit Judge, SPRECHER, Circuit Judge, and JAMESON, Senior District Judge.


KILEY, Senior Circuit Judge.

The district court, by virtue of its power under the Military Service Act1 (Act), entered judgment (a) ordering issuance of a mandatory injunction to compel defendant Petersen to reinstate plaintiff O'Mara to the position held by him prior to his induction into service; and (b) denying O'Mara's motion for damages. O'Mara has appealed from the judgment denying his motion, and Petersen has cross-appealed from...

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