Legal Opinion

Franklin J. Austin v. Sears, Roebuck and Co., a Corporation

Court of Appeals for the Ninth Circuit

Decided October 21, 1974No. 73-2704PublishedCited by 10 opinions

1Opinion of the Court

OPINION

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and KING, * District Judge.

HUFSTEDLER, Circuit Judge:

The issue on appeal is whether the appellees, who are veterans reinstated by their employer, Sears, Roebuck and Company (“Sears”), are entitled to vacation benefits in the year of their return from the service, under the provisions of the Selective Service Act of 1967 and the terms of Sears’ collective bargaining agreement. Relying on our decision in Locaynia v. American Airlines, Inc. (9th Cir. 1972) 457 F.2d 1253, the district court granted summary judgment in the appellees’ favor,…

2Cases cited9 opinions

  1. Tilton v. Missouri Pacific RailroadSupreme Court of the United States · 1964
  2. Accardi v. Pennsylvania RailroadSupreme Court of the United States · 1966
  3. Eagar v. Magma Copper Co.Supreme Court of the United States · 1968
  4. Germann v. United StatesSupreme Court of the United States · 1967
  5. John E. Kasmeier v. Chicago, Rock Island and Pacific Railroad Company, a CorporationCourt of Appeals for the Tenth Circuit · 1971

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Robert W. West v. Safeway Stores, Inc.Court of Appeals for the Fifth Circuit · 1980
  2. James E. Jackson and M. S. Tolbert v. Beech Aircraft CorporationCourt of Appeals for the Tenth Circuit · 1975
  3. Earl J. Smith v. Industrial Employers and Distributors Association, and Bird and Son of Massachusetts, Inc.Court of Appeals for the Ninth Circuit · 1977
  4. Donald Lang Kenneth Beck Michael Erickson, Cross-Appellants v. Great Falls School District No. 1 and A, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  5. Smith v. Industrial Employers and Distributors Ass'nDistrict Court, N.D. California · 1974

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