WEST v. SAFEWAY STORES, INC.

No. 78-3359.

609 F.2d 147 (1980)

Robert W. WEST, Plaintiff-Appellant, v. SAFEWAY STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 2, 1980.


Attorney(s) appearing for the Case

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Robert E. Kopp, Atty., Appellate Staff, Civil Div., Dept. of Justice, Barbara A. Babcock, Asst. Atty. Gen., Washington, D. C., Douglas N. Letter, Atty., William H. Berger, Dept. of Labor, Atlanta, Ga., for plaintiff-appellant.

Allen Butler, Dallas, Tex., for defendant-appellee.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.


KRAVITCH, Circuit Judge.

The district court below dismissed appellant's action to secure a 40 hour work week pursuant to 38 U.S.C. § 2021. Because we hold that a 40 hour work week was guaranteed to the appellant despite his National Guard duties and that such a guarantee is an incident or advantage of employment within the meaning of § 2021, we reverse.

The facts in this case are largely undisputed. The...

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