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HEMBREE v. GEORGIA POWER CO.

No. 80-7054.

637 F.2d 423 (1981)

William G. HEMBREE, Plaintiff-Appellee-Cross-Appellant, v. GEORGIA POWER COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

February 20, 1981.

Attorney(s) appearing for the Case

J. Lewis Sapp, David C. Hagaman, Robert H. Buckler, Atlanta, Ga., for defendant-appellant-cross-appellee.

Patrick M. Scanlon, Donald R. Livingston, Atlanta, Ga., for IBEW 84, amicus curiae.

William L. Harper, U. S. Atty., Wm. H. Berger, U. S. Dept. of Labor, Atlanta, Ga., Alice Daniel, Robert E. Kopp, Asst. Attys. Gen., U. S. Dept. of Justice, Helene R. Boetticher, Susan M. Webman, Attys., Carin A. Clauss, Sol. of Labor, Beate Bloch, Bobbye Spears, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee-cross-appellant.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges, and ALLGOOD, District Judge.

FRANK M. JOHNSON, Jr., Circuit Judge:

In 1972 plaintiff was employed by defendant Georgia Power Company [the Company] in an other than temporary position in the Company's General Repair Shop. At that time, he terminated his employment in order to enter the armed forces. In 1974, while serving in active duty, plaintiff sustained an injury which left him functionally blind in one eye; he was subsequently honorably discharged. Plaintiff then sought reemployment with...

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