Anthony M. Lipani v. Bohack Corporation, Robert Loesch v. Bohack Corporation

LUMBARD, Circuit Judge:

Plaintiffs-appellants appeal from the judgment of the Eastern District, reported at 368 F.Supp. 282 (E.D.N.Y.1973), in which Judge Bartels granted defendant's motion for summary judgment. Appellants raise two claims on appeal: first, that the district court erred in concluding that vacation and sick leave benefits as provided by the collective bargaining agreement were not perquisites of seniority protected under the veterans reemployment provisions of the Military Selective Service Act (hereinafter “the Act”), § 9(b), 50 U.S.C. App. § 459; 1 and, second, that even if…