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COLLINS v. WEIRTON STEEL COMPANY

No. 11908.

398 F.2d 305 (1968)

Jay G. COLLINS, Appellant, v. WEIRTON STEEL COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 10, 1968.

Attorney(s) appearing for the Case

Robert C. McDiarmid Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, and John H. Kamlowsky, U. S. Atty., on the brief), for appellant.

Joseph E. Madva, Pittsburgh, Pa. (Thorp, Reed & Armstrong, Pittsburgh, Pa., Martin F. Fahey, Weirton, W. Va., and Gilbert S. Bachmann, and Bachmann, Hess, Bachmann & Garden, Wheeling, W. Va., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and MERHIGE, District Judge.

BUTZNER, Circuit Judge:

The issue on appeal is whether Jay G. Collins, a probationary employee of the Weirton Steel Company, occupied "other than a temporary position" within the meaning of Section 9(b) of the Universal Military Training and Service Act [50 U.S.C.App. § 459(b)] when he entered military service. We hold his position was not temporary and that he is entitled to the protection granted by the Act.

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