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SMITH v. INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASS'N

No. C-73-1533 WHO.

385 F.Supp. 1281 (1974)

Earl J. SMITH, Plaintiff, v. INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION, a corporation, and Bird and Son of Massachusetts, Inc., a corporation, Defendant.

United States District Court, N. D. California.

November 26, 1974.

Attorney(s) appearing for the Case

James L. Browning, U. S. Atty., John F. Cooney, Jr., Asst. U. S. Atty., Civ. Div., San Francisco, Cal., for plaintiff; William J. Kilberg, Solicitor of Labor, Harold C. Nystrom, Associate Solicitor, William H. Berger, Atty., U. S. Dept. of Labor, Washington, D.C., of counsel.

Brobeck, Phleger & Harrison, Donald D. Connors, Jr., Jean C. Gaskill, San Francisco, Cal., for Industrial.

McCutchen, Doyle, Brown & Enersen, A. Crawford Greene, Jr., James L. Hunt, San Francisco, Cal., for Bird & Son.

OPINION AND ORDER

ORRICK, District Judge.

Plaintiff, a World War II veteran, instituted this action under Section 9 of the Military Selective Service Act of 19671 (50 U.S.C. App. § 459) to obtain monetary credits under defendants' pension plan for his years of military service when he was absent from defendant's employment. There being no genuine issue as to any material fact, both plaintiff and defendants have moved for...

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