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RAYPOLE v. CHEMI-TROL CHEMICAL CO., INC.

Nos. 84-3039, 84-3041.

754 F.2d 169 (1985)

Karl RAYPOLE (84-3041), Kenneth M. Lowe (84-3039), Plaintiffs-Appellees, v. CHEMI-TROL CHEMICAL CO., INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 6, 1985.

Attorney(s) appearing for the Case

John H. Burson (argued), Rolf H. Scheidel, Shumaker, Loop & Kendrick, Toledo, Ohio, for defendant-appellant.

Patrick J. Foley, Asst. U.S. Atty., Toledo, Ohio, Stanford Dubin (argued), John F. Depenbrock, Jr., for plaintiffs-appellees.

Douglas S. McDowell, McGuiness & Williams, Washington, D.C., amicus curiae, Equal Employment Advisory Council.

David A. Hildebrandt (argued), Lee, Toomey & Kent, Washington, D.C., amicus curiae, The Profit Sharing Council of America.

Before MERRITT, WELLFORD and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

In this case of first impression, we are asked to decide whether the Vietnam Era Veterans' Readjustment Assistance Act of 1974, 38 U.S.C. § 2021, requires annual cash contributions by defendant Chemi-Trol Chemical Co., Inc. ("Chemi-Trol" or "Company") to the Company's Profit Sharing Plan and Trust ("Plan") on behalf of plaintiffs, returning veterans, for the period of time they spent in military...

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