Missouri Pacific Railroad Company v. Robert C. Brooks

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Brooks, a veteran, brought this action under the Universal Military Training and Service Act of June 24, 1948, 50 U.S.C.A.Appendix, § 459, to establish retroactive seniority rights as a machinist at defendant’s North Little Rock shops. The trial court upheld plaintiff’s contention and granted him retroactive seniority. This timely appeal by defendant followed.

Brooks entered into defendant’s employment as an apprentice machinist at its Monroe, Louisiana, shops on July 5, 1951, continuing in such capacity until his induction into military service on…