HIRSCHBERG v. BRANIFF AIRWAYS, INC.

No. 75 C 1145.

404 F.Supp. 869 (1975)

Barry HIRSCHBERG, Plaintiff, v. BRANIFF AIRWAYS, INC., a/k/a Braniff International, Defendant.

United States District Court, E. D. New York.

November 24, 1975.


Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., Brooklyn, N. Y., for plaintiff; Richard L. Huffman, Asst. U. S. Atty., William J. Kilberg, Sol. of Labor, Francis V. Laruffa, Regional Sol., William H. Berger, Atty., U. S. Dept. of Labor, Brooklyn, N. Y., of counsel.

Hale, Russell, Gray, Seaman & Birkett, New York City, for defendant; Alan D. Sugarman, Rodger C. Field, New York City, of counsel.


MEMORANDUM AND ORDER

JUDD, District Judge.

Defendant has moved to dismiss the complaint pursuant to F.R.Civ.P. Rule 12(b), based on the alleged bar of the New York statute of limitations.

Facts

Plaintiff brings this action pursuant to the veterans' reemployment provisions of the Military Selective Service Act of 1967, 50 U.S.C.App. § 451 et seq., as amended in 1974, 38 U.S.C.A. § 2021 et seq., to recover for...

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