Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949)
Oakley v. Louisville & Nashville Railroad Co. No. 28 Argued October 17-18, 1949 Decided November 14, 1949 * 338 U.S. 278
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Under § 8(c) of the Selective Training and Service Act of 1940, the expiration of one year of reemployment of a veteran by his pre-service employer does not terminate the veteran’s right to the seniority to which he is entitled by virtue of the Act’s treatment of him as though he had remained continuously in his civilian employment. Fishgold v. Sullivan Corp., 328 U.S. 275; Trailmobile Co. v. Whirls, 331 U.S. 40, distinguished. Pp. 279-285.
2. A United States District Court could entertain a complaint filed by a veteran to enforce his right to such seniority, even though the complaint was not filed until nearly three months after the expiration of such year of reemployment. Pp. 284-285.
170 F.2d 1008, 171 F.2d 128, reversed.
The District Court dismissed two actions brought by veterans under § 8(e) of the Selective Training and Service Act of 1940 to enforce their rights to seniority under § 8. The Court of Appeals affirmed. 170 F.2d 1008, 171 F.2d 128. This Court granted certiorari. 336 U.S. 943. Reversed and remanded, p. 285.
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Chicago: U.S. Supreme Court, "Syllabus," Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949) in 338 U.S. 278 338 U.S. 279. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5GZKL4QR17REA7X.
MLA: U.S. Supreme Court. "Syllabus." Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949), in 338 U.S. 278, page 338 U.S. 279. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5GZKL4QR17REA7X.
Harvard: U.S. Supreme Court, 'Syllabus' in Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949). cited in 1949, 338 U.S. 278, pp.338 U.S. 279. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5GZKL4QR17REA7X.
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