McNichols v. Southern Railway Co.

SWINFORD, District Judge.

This action was brought under Section 9 of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 459, as amended, to establish the plaintiff’s right to certain reemployment benefits. Jurisdiction is conferred on this court by Section 9(d).

The Southern Railway Company was originally named as a defendant but has been dismissed by agreement of the parties.

The parties are in substantial agreement as to the relevant facts which may be stated as follows.

*149The plaintiff was employed by the defendant, Cincinnati, New Orleans & Texas Pacific Railway Company, as…