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SAWYER v. SWIFT & CO.

No. 85-2801.

836 F.2d 1257 (1988)

Charles A. SAWYER, Plaintiff-Appellee, v. SWIFT & COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 15, 1988.

Attorney(s) appearing for the Case

William H. Berger, U.S. Dept. of Labor, Atlanta, Ga. (Benjamin L. Burgess, Jr., U.S. Atty.; Robert S. Streepy, Asst. U.S. Atty.; George R. Salem, Deputy Sol. of Labor; John F. Depenbrock, Associate Sol. of Labor, Washington, D.C.; Tedrick A. Housh, Jr., Regional Solicitor, U.S. Dept. of Labor, Kansas City, Mo., with him on the brief), for plaintiff-appellee.

Daniel B. Denk of McAnany, Van Cleave & Phillips, Kansas City, Kan., for defendant-appellant.

Before MOORE and BARRETT, Circuit Judges, and ANDERSON, District Judge.

BARRETT, Senior Circuit Judge.

Swift & Company (Swift) appeals the Judgment and Order of the United States District Court for the District of Kansas, finding that Swift violated 38 U.S.C. §§ 2021(b)(3) and 2024(d), the Veterans Reemployment Rights Act (Act), in its treatment of Charles A. Sawyer (Sawyer). Sawyer was an employee of Swift from December 8, 1980, until January 10, 1983, and a member of the Navy Reserves beginning for purposes of this case...

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