Troy v. City of Hampton

I respectfully dissent from the majority’s view that a veteran seeking reinstatement and back pay under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (38 U.S.C. §§ 2021-2026) is not entitled to a jury trial. I would affirm in Troy and reverse in Blackmon.

*1004My disagreement in Troy is not based upon the theory that the district court used an advisory jury because the trial judge did not purport to do so and the procedural prerequisites under Fed.R.Civ.P. 39(c) for the use of an advisory jury were never followed. By the same token, I do not disagree with the majority opinion’s…