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GORDON v. WAWA, INC.

No. 03-3089.

388 F.3d 78 (2004)

Wanda GORDON, individually and as Administratrix ad Prosequendum for the Estate of Willie James Gordon, Jr., Deceased, Appellant v. WAWA, INC., aka Wawa Food Markets; John Does I and X; John Doe Corporations, I to X, individually jointly, severally, and/or in the alternative. aka Wawa dba Wawa.

United States Court of Appeals, Third Circuit.

October 28, 2004.

Attorney(s) appearing for the Case

Philip L. Faccenda, (Argued), Medford, for Appellant.

Edward T. Ellis, (Argued), Janice G. Dubler, Montgomery, McCracken, Walker & Rhoads, LLP, Cherry Hill, for Appellee.

Before McKEE, ROSENN, and WEIS, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents questions of first impression concerning the scope of rights under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), of persons in noncareer military service. The case is of particular interest at this time because of the large number of reservists called up for military duty as a result...

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