Earl J. Smith v. Industrial Employers and Distributors Association, and Bird and Son of Massachusetts, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
DUNIWAY, Circuit Judge:
Industrial Employers and Distributors Association (IEDA) and Bird and Son, defendants below, appeal from a summary judgment in favor of Smith, plaintiff below. The district court held pensions to be “perquisites of seniority” under 38 U.S.C. § 2021(b)(1), formerly 50 U.S.C. App. § 459(b)(B)(i), and permitted Smith, a veteran, to include the time he spent in the Armed Services in computing the amount of his pension. While our analysis differs from that of the district court, we agree with its conclusion and affirm,
I. FACTS.
Smith began working for Pabco Products in March,…
2Cases cited12 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
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- Inland Steel Co. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1949
- Accardi v. Pennsylvania RailroadSupreme Court of the United States · 1966
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