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CREWS v. CITY OF MT. VERNON

No. 08-2435.

567 F.3d 860 (2009)

Ryan P. CREWS, Plaintiff-Appellant, v. CITY OF MT. VERNON, a municipal corporation, Christopher Deichman, individually and in his capacity as Assistant Chief of Police for the City of Mt. Vernon, and Chris Mendenall, individually and in his capacity as Chief of Police for the City of Mt. Vernon, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 2009.

Attorney(s) appearing for the Case

John T. Hundley (argued), Mt. Vernon, IL, for Plaintiff-Appellant.

Anthony B. Byergo (argued), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Kansas City, MO, for Defendants-Appellees.

Before MANION, EVANS, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

For nine years, the City of Mt. Vernon allowed police officers who missed their weekend work shifts to attend National Guard duties to make up the time on their scheduled days off. The City provided no comparable scheduling benefit to non-Guard employees who missed work for other, non-military activities. This appeal presents the question of whether, under the Uniformed Services Employment and Reemployment Act ("USERRA"), 38 U.S.C. §§...

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