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AUSTIN v. SEARS, ROEBUCK AND CO.

No. 73-2704.

504 F.2d 1033 (1974)

Franklin J. AUSTIN et al., Plaintiffs-Appellees, v. SEARS, ROEBUCK AND CO., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 21, 1974.

Attorney(s) appearing for the Case

H. Warren Siegel (argued), Alhambra, Cal., for defendant-appellant.

Philip S. Malinsky, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiffs-appellees.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and KING, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

The issue on appeal is whether the appellees, who are veterans reinstated by their employer, Sears, Roebuck and Company ("Sears"), are entitled to vacation benefits in the year of their return from the service, under the provisions of the Selective Service Act of 1967 and the terms of Sears' collective bargaining agreement. Relying on our decision in Locaynia v. American Airlines, Inc. (9th Cir. 1972) 457...

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