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ALABAMA POWER CO. v. DAVIS

No. 76-451.

431 U.S. 581 (1977)

ALABAMA POWER CO. v. DAVIS.

Supreme Court of United States.

Decided June 6, 1977.

Attorney(s) appearing for the Case

H. Hampton Boles argued the cause for petitioner. With him on the brief were John Bingham and Marshall Timberlake.

Allan A. Ryan, Jr., argued the cause for respondent. With him on the brief were Solicitor General McCree, Assistant Attorney General Babcock, Robert E. Kopp, and William H. Berger.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Respondent Davis became a permanent employee of petitioner Alabama Power Co. on August 16, 1936, and continued to work until March 18, 1943, when he left to enter the military. After serving in the military for 30 months, he resumed his position with Alabama Power, where he worked until he retired on June 1, 1971. Davis received credit under the company pension plan for his service from August 16, 1937,

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