1. Home
  2. Browse Decisions
  3. F.2d
  4. 546 F.2d
  5. 546 F.2d 314 (1976)
 

SMITH v. INDUSTRIAL EMPLOYERS & DISTRIBUTORS ASS'N

Nos. 75-1327 and 75-1333.

546 F.2d 314 (1976)

Earl J. SMITH, Plaintiff-Appellee, v. INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION, and Bird and Son of Massachusetts, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended January 26, 1977.

Rehearing and Rehearing Denied February 2, 1977.

Attorney(s) appearing for the Case

Donald D. Connors, Jr. (argued), Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant-appellant in 75-1327.

James L. Hunt (argued), McCutchen, Doyle & Brown & Enerson, San Francisco, Cal., for defendant-appellant in 75-1333.

John K. Villa, Atty. (argued), App. Section, Civ. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and LUCAS, District Judge.

Rehearing and Rehearing En Banc Denied February 2, 1977.

DUNIWAY, Circuit Judge:

Industrial Employers and Distributors Association (IEDA) and Bird and Son, defendants below, appeal from a summary judgment in favor of Smith, plaintiff below. The district court held pensions to be "perquisites of seniority" under 38 U.S.C. § 2021(b)(1), formerly 50 U.S.C. App. § 459(b)(B)(i), and permitted Smith, a veteran, to include the time he spent in the Armed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases