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MISSOURI PACIFIC RAILROAD COMPANY v. BROOKS

No. 17019.

308 F.2d 531 (1962)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Robert C. BROOKS, Appellee.

United States Court of Appeals Eighth Circuit.

October 11, 1962.

Attorney(s) appearing for the Case

Robert V. Light, Little Rock, Ark., made argument for the appellant and Pat Mehaffy, Little Rock, Ark., was with him on the brief.

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., made argument for the appellee and Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Civil Division, Dept. of Justice, Washington, D. C., Robert D. Smith, Jr., U. S. Atty., Little Rock, Ark., and John G. Laughlin and Edward A. Groobert, Attys., Dept. of Justice, Washington, D. C., were with him on the brief.

Before VOGEL and VAN OOSTERHOUT, Circuit Judges, and VAN PELT, District Judge.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Brooks, a veteran, brought this action under the Universal Military Training and Service Act of June 24, 1948, 50 U.S.C.A.Appendix, § 459, to establish retroactive seniority rights as a machinist at defendant's North Little Rock shops. The trial court upheld plaintiff's contention and granted him retroactive seniority. This timely appeal by defendant followed.

Brooks entered into defendant's employment as an apprentice...

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