Morris v. Chesapeake & Ohio Ry. Co.

KERNER, Circuit Judge.

Defendant appeals from a judgment which ordered it to place the name of plaintiff on its seniority list of train dispatchers before the name of one H. E. Middlekauf, and that it assign to plaintiff the seniority date on said list of June 3, 1945. The action arose with plaintiff’s petition for enforcement of his rights under the Selective Training and Service Act of 1940, as amended, 50 U.S.C.AAppendix, § 301 et seq. The cause was heard by the court without a jury. Thereafter the court submitted an opinion, its findings of fact and its conclusions of law. D.C., 75 F.Supp.…