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DYER v. HINKY DINKY, INC.

No. 82-1805.

710 F.2d 1348 (1983)

Christopher DYER, Appellant, v. HINKY DINKY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1983.

Attorney(s) appearing for the Case

Robert E. Kopp, U.S. Dept. of Justice, Washington, D.C., Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., T. Timothy Ryan, Jr., Sol. of Labor, John F. Depenbrock, Associate Sol., Susan M. Webman, Atty., U.S. Dept. of Labor, Washington, D.C., for appellant.

George C. Rozmarin, Swarr, May, Smith, Andersen & Jensen, Omaha, Neb., for appellee.

Before BRIGHT and JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

The sole issue in this appeal is the proper method of calculating backpay under § 2022 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, 38 U.S.C. § 2021 et seq. ("Veterans' Act" or "Act"). The employer, Hinky Dinky, Inc., concedes that it gave its employee, Christopher Dyer, an improper seniority date which resulted in lost wages and vacation pay for the period immediately following Dyer's discharge...

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