Oakley v. Louisville & Nashville R. Co., 338 U.S. 278 (1949)

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.