BRANDT v. MINNEAPOLIS, NORTHFIELD & SOUTH. R. CO.

Nos. 82-1889, 82-1821.

714 F.2d 793 (1983)

John A. BRANDT, Appellant, United Transportation Union, M.N. & S. Committee of Adjustment, Local 650, v. MINNEAPOLIS, NORTHFIELD AND SOUTHERN RAILROAD COMPANY, Appellee. John A. BRANDT v. UNITED TRANSPORTATION UNION, M.N. & S. Committee of Adjustment, Local 650, Appellant, v. MINNEAPOLIS, NORTHFIELD AND SOUTHERN RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1983.


Attorney(s) appearing for the Case

Robert E. Kopp, U.S. Dept. of Justice, Herman Grant, Regional Sol., T. Timothy Ryan, Jr., Sol. of Labor, John F. Depenbrock, Associate Sol., Margrit W. Vanderryn, Atty., U.S. Dept. of Labor, Washington, D.C., for appellants.

James M. Samples, Steven R. Anderson, Susan A. Goodnature, Faegre & Benson, Minneapolis, Minn., for Minneapolis, Northfield & Southern R. Co.

Patrick J. Foley, De Parco, Perl, Hunegs, Rudquist & Koenig, Minneapolis, Minn., for United Transportation Union.

Before McMILLIAN, JOHN R. GIBSON and FAGG, Circuit Judges.


FAGG, Circuit Judge.

John Brandt and United Transportation Union Local 650 appeal the district court's judgment in favor of the Minneapolis, Northfield and Southern Railroad. After a bifurcated trial, the court concluded that MNS had complied with the Vietnam Era Veteran's Readjustment Assistance Act of 1974, 38 U.S.C. §§ 2021-2026, and that Brandt was not entitled to a retroactive engineer's seniority date. Finding error, we reverse and remand for a determination...

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