Brotherhood of Locomotive Firemen & Enginemen v. United States Ex Rel. Deavers

HOLMES, Circuit Judge.

This is the second appeal of this case, United States ex rel. Deavers v. Missouri, K. & T. R. Co., 171 F.2d 961, certiorari denied, 337 U.S. 958, 69 S.Ct. 1533, 93 L.Ed. 1757. It is an action under Section 8 of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A., War, Appendix, § 308, 54 Stat. 890. The United States attorney for the Western District of Texas originally brought this suit for the benefit of Jewell G. Deavers, who was afterwards substituted as plaintiff as suggested by this court, 171 F.2d 962. The appellee’s amended complaint is…