Tipper v. Northern Pac. Ry. Co.

LEAVY, District Judge.

I appreciate the arguments that have been made by counsel representing the parties here, and likewise the argument of Mr. Flood, appearing amicus curiae, and I appreciate also the importance of this case, not alone to the plaintiff, but to perhaps hundreds and thousands of men who have been or who are now in the service and will be discharged. I am conscious also of the fact that this case will be one of first impression, and is therefore of great importance.

I want to say further, at the outset, that there certainly can be no charge of a lack of that high degree of…