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CARNEY v. CUMMINS ENGINE CO., INC.

No. 78-2379.

602 F.2d 763 (1979)

Alan CARNEY, Plaintiff-Appellee, v. CUMMINS ENGINE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1979.

Rehearing and Rehearing Denied August 16, 1979.

Attorney(s) appearing for the Case

David L. Gray, Indianapolis, Ind., for appellant.

William H. Berger, Dept. of Labor, Atlanta, Ga., for appellee.

Before CUMMINGS and SPRECHER, Circuit Judges, and BONSAL, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 16, 1979.

CUMMINGS, Circuit Judge.

Plaintiff sued his employer, Cummins Engine Company of Columbus, Indiana, in order to be permitted to work the overtime hours he missed while he was performing military reserve duty in July of 1975. In the alternative he sought compensation for loss of overtime wages. Both parties moved for summary judgment. Subsequently, the district court granted plaintiff's summary judgment...

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