Legal Opinion
Avner M. Horton v. United States Steel Corporation
Court of Appeals for the Fifth Circuit
Decided January 31, 1961No. 18367PublishedCited by 45 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The only new twist in this case involving a veteran’s reemployment after return from military service 1 is whether transfer to other available work is to be treated as in the ease of promotion. In the latter situation promotion must be an automatic right from seniority or time alone with no possibility of loss through proficiency tests or other managerial discretionary selection. McKinney v. Missouri-Kansas-Texas Railroad Company, 1958, 357 U.S. 265, 78 S.Ct. 1222, 2 L.Ed.2d 1305. The District Court held that both were to be considered alike. On that premise it…
2Cases cited7 opinions
- Fishgold v. Sullivan Drydock & Repair Corp.Supreme Court of the United States · 1946
- McKinney v. Missouri-Kansas-Texas RailroadSupreme Court of the United States · 1958
- Derlyn E. Moe v. Eastern Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1957
- Rea Construction Company and Aetna Casualty and Surety Company v. B. B. McCormick & Sons, Inc.Court of Appeals for the Fifth Circuit · 1958
- Jack H. Bassett v. The Texas & Pacific Railway Company, and System Federation No. 121 of Railway Employees' Department, A.F. Of l.-c.i.o.Court of Appeals for the Fifth Circuit · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Victor Herbert v. National Academy of SciencesCourt of Appeals for the D.C. Circuit · 1992
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- United States v. Jon-T Chemicals, Inc., and Lewis M. Overton, Jr., Receiver for Jon-T Chemicals, Inc.Court of Appeals for the Fifth Circuit · 1985
- First Pennsylvania Mortgage Trust v. Dorchester Savings BankMassachusetts Supreme Judicial Court · 1985
- Karavos Compania Naviera S. A. v. Atlantica Export Corp.Court of Appeals for the Second Circuit · 1978
40 more not listed; retrieve them via the Exa API.