Di Maggio v. Elastic Stop Nut Corp. of America

GOODRICH, Circuit Judge.

This case presents the same general question as that involved in the Gauweiler and Koury litigations, 3 Cir., 162 F.2d 448, decided this day. The facts may be briefly summarized and from, this summary the relevancy of the rule announced in the two decisions just mentioned will be apparent.

Petitioner was first employed by the respondent on June 9, 1941. On April 30, 1943 he was inducted into the army. The job he left was the job of set-up man in the counter-sinking and hand tapping department. On June 19, 1944, employer and union entered into a bargaining agreement by…