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Trailmobile Co. v. Whirls, 331 U.S. 40 (1947)
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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.
Trailmobile Co. v. Whirls, 331 U.S. 40 (1947)
Trailmobile Company No. 85 Argued December 19, 1946 Decided April 14, 1947 331 U.S. 40
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Under § 8(c) of the Selective Training & Service Act of 1940, a veteran’s statutory right of seniority -- insofar as it gives a reemployed veteran a preferred standing over nonveteran employees having identical seniority rights -- does not extend beyond the expiration of the first year of reemployment. Pp. 51-61.
2. A question of res judicata arising from prior litigation in state courts and decided adversely to petitioners by the courts below, but in respect of which no error was assigned in the petition for certiorari, is not properly before this Court. P. 48.
3. A proceeding in which a reemployed veteran sought to establish seniority rights under § 8(c) of the Selective Training & Service Act, and in which the decision of the court below was in his favor, held not moot although, because of procedures invoked by a labor union, he has not been at work, but has been on leave of absence with full pay. Pp. 48-49.
4. The remand in this case will be so framed as to preclude foreclosure, by possible future application of the doctrine of res judicata, of such cause of action as the employee may have if he has been unlawfully expelled, suspended, or otherwise dealt with by the union for asserting his legal rights. Pp. 50-51, 61-62.
154 F.2d 866 reversed.
Respondent brought suit in the District Court against his employer, asserting rights under the Selective Training & Service Act of 1940. A labor organization was permitted to intervene. The District Court gave judgment for respondent. 64 F.Supp. 713. The Circuit Court of Appeals affirmed. 154 F.2d 866. This Court granted certiorari. 328 U.S. 831. Reversed, p. 61.
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Chicago: U.S. Supreme Court, "Syllabus," Trailmobile Co. v. Whirls, 331 U.S. 40 (1947) in 331 U.S. 40 331 U.S. 41. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MHK7V16DHDSVK5S.
MLA: U.S. Supreme Court. "Syllabus." Trailmobile Co. v. Whirls, 331 U.S. 40 (1947), in 331 U.S. 40, page 331 U.S. 41. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MHK7V16DHDSVK5S.
Harvard: U.S. Supreme Court, 'Syllabus' in Trailmobile Co. v. Whirls, 331 U.S. 40 (1947). cited in 1947, 331 U.S. 40, pp.331 U.S. 41. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MHK7V16DHDSVK5S.
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