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DAVIS v. ALABAMA POWER COMPANY

No. 74-4149.

542 F.2d 650 (1976)

Raymond E. DAVIS, Plaintiff-Appellee, v. ALABAMA POWER COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Certiorari Granted January 10, 1977.

Attorney(s) appearing for the Case

Marshall Timberlake, H. Hampton Boles, Birmingham, Ala., for defendant-appellant.

Wayman G. Sherrer, U. S. Atty., Henry I. Frohsin, Asst. U. S. Atty., Birmingham, Ala., Robert E. Kopp, Atty., John K. Villa, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before AINSWORTH, MORGAN and RONEY, Circuit Judges.

Certiorari Granted January 10, 1977. See 97 S.Ct. 731.

PER CURIAM:

AFFIRMED on the basis of the well-reasoned opinion of District Judge Guin published in 383 F.Supp. 880 (1974).

RONEY, Circuit Judge (dissenting):

I respectfully dissent. All leaves of absence without regular pay are excluded from Accredited Service under Alabama Power Company's Pension Plan. The result reached by the district court accords...

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