Hire v. E. I. Dupont De Nemours & Co.

GRAY, District Judge.

The material stipulated facts on which both parties have submitted motions for summary judgment are these:

The plaintiff was employed by the defendant continuously from November 1, 1945, to July 2, 1954, when he left to enter military service. While he was in the service, the company and the bargaining agent for its employees entered into an agreement providing for the first time for severance pay for employees laid off for lack of work, and employees of the plaintiff’s seniority were laid off and granted severance pay under the agreement. The plaintiff was released from…