Earnest C. Poore v. Louisville and Nashville Railroad Company

JOHN R. BROWN, Circuit Judge.

Starting with . the asserted premise that Oakley v. Louisville & N. Railroad Co., 338 U.S. 278, 70 S.Ct. 119, 94 L.Ed. 87, and Diehl v. Lehigh Valley R. Co., 348 U.S. 960, 75 S.Ct. 521, 99 L. Ed. 749, reversing, 3 Cir., 211 F.2d 95, requires that time spent in military service shall continue to count, “ * * * as though he had remained continuously in his civilian employment * * * ”, Oakley, supra, 338 U.S. at page 284, 70 S. Ct. at page 122, toward seniority during the entire time of subsequent reemployment, Poore sought, but was denied, both money judgment and…