Loeb v. Kivo
Court of Appeals for the Second Circuit
1DissentSwan, Circuit Judge
The statutory right of an honorably discharged veteran who applies for reemployment is to be restored to his former position or to one “of like seniority, status, and pay unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.” 50 U.S. C.A.Appendix, § 308(b) (B). Plaintiff’s former position was that of an outside salesman who had to seek out customers at their places of business and overcome sales resistance in a highly competitive market; he testified that until he left in 1942 he had to work hard to get new accounts and to keep old accounts.…
2Cases cited5 opinions
- Kay v. General Cable CorporationCourt of Appeals for the Third Circuit · 1944
- Frank v. Tru-Vue, Inc.District Court, S.D. Illinois · 1946
- Jung Sam v. HaffCourt of Appeals for the Ninth Circuit · 1940
- Allyn v. AbadCourt of Appeals for the Third Circuit · 1948
- Gallant v. SegalDistrict Court, D. New Hampshire · 1947