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SULARZ v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE R. CO.

Civ. No. 4961.

148 F.Supp. 83 (1956)

Phillip W. SULARZ, Plaintiff, v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD CO., a corporation, Defendant, and System Federation No. 66 of the Railway Employes' Department of the American Federation of Labor, Intervener.

United States District Court D. Minnesota, Fourth Division.

November 30, 1956.

Attorney(s) appearing for the Case

George E. MacKinnon, U. S. Atty., and Keith D. Kennedy, Asst. U. S. Atty., St. Paul, Minn., for plaintiff.

Osborne Becklund, Minneapolis, Minn., for defendant.

Richard S. Felhaber, St. Paul, Minn. (Felhaber & Larson, St. Paul, Minn., of counsel), and Richard R. Lyman, Toledo, Ohio (Mulholland, Robie & Hickey, Toledo, Ohio, of counsel), for intervener.

NORDBYE, Chief Judge.

The above cause came before the Court for trial without a jury.

This action is brought under Section 8 of the Selective Training and Service Act of 1940, as amended.1 Plaintiff seeks to require the defendant to place him on the carmen mechanics' seniority roster for its repair track as of the date on which he contends he would have been advanced or promoted from carman helper, the position he left to enter...

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