William L. BUNNELL, Plaintiff, Appellee,
v.
NEW ENGLAND TEAMSTERS AND TRUCKING INDUSTRY PENSION FUND, Defendant, Appellant, and
Knudsen Brothers Dairy, Defendant, Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued June 5, 1981.
Decided July 28, 1981.
Attorney(s) appearing for the Case
Gabriel O. Dumont, Jr., Boston, Mass., with whom James T. Grady, and Grady & McDonald, P. C., Boston, Mass., were on brief, for defendant, appellant.
Michael Jay Singer, Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., Thomas S. Martin, Acting Asst. Atty. Gen., and Robert E. Kopp, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for plaintiff, appellee William L. Bunnell.
Before COFFIN, Chief Judge, ALDRICH and BREYER, Circuit Judges.
United States Court of Appeals, First Circuit.
ALDRICH, Senior Circuit Judge.
In May, 1944 plaintiff Bunnell became a non-temporary employee of Dairy.1 In October, 1944 he was inducted into the Army. By arrangement, he received an honorable discharge on December 18, 1945 and voluntarily enlisted the next day, serving until October 28, 1948, when he was permanently honorably discharged. Within thirty days he was re-employed by Dairy, remaining...
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