Monticue v. Baltimore & O. R.

KLOEB, District Judge.

This matter is before the Court on the motion of the defendant for summary judgment based upon the complaint, answer and affidavit accompanying the motion. The complaint is based upon the provisions of Section 8(c) of the Selective Training and Service Act of 1940, as set forth in Title 50 U.S.C.A.Appendix, § 308(c).

The question is whether, under the law and under the agreement governing vacation and vacation pay in lieu thereof for the benefit of the employees of the defendant, the plaintiff was entitled to one week vacation or two weeks’ vacation after his return from…