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LITWICKI v. PITTSBURGH PLATE GLASS IND., INC.

Nos. 74-1174, 74-1175.

505 F.2d 189 (1974)

Frank S. LITWICKI, Appellant in No. 74-1174, v. PITTSBURGH PLATE GLASS INDUSTRIES, INCORPORATED, Appellant in No. 74-1175.

United States Court of Appeals, Third Circuit.

Decided December 11, 1974.

Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., Richard L. Thornburgh, U. S. Atty., Robert E. Kopp, John K. Villa, Attys., Dept. of Justice, Washington, D. C., for Frank S. Litwicki.

Hugh M. Finneran, Pittsburgh, Pa., for Pittsburgh Plate Glass Industries, Inc.

Before FORMAN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents the question whether benefits under a funded noncontribution pension plan are seniority rights which, by statute, a private employer must accord returning veterans as though they had remained on the job during the period of their military service. See Selective Training and Service Act of 1940, ch. 720, § 8, 54 Stat. 890, as amended, Selective Service Act of 1948, ch. 625, §...

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