Mann v. Crowell-Collier Publishing Company, 12804.

Citation239 F.2d 699
Decision Date05 December 1956
Docket NumberNo. 12804.,12804.
PartiesJames W. MANN, Appellant, v. CROWELL-COLLIER PUBLISHING COMPANY et al., Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Alan S. Rosenthal, Washington, D. C., George S. Leonard, Geo. C. Doub, and Samuel D. Slade, Washington, D. C., Hugh E. Martin, U. S. Atty., Columbus, Ohio, on brief, for appellant.

Bitner Browne, Springfield, Ohio, for appellee Crowell-Collier Pub. Co.

Fred M. Cole, Springfield, Ohio, for appellee Union.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

On August 14, 1943, appellant left his employment as photo-engraver apprentice with the appellee company to enter service in the United States Navy, from which he was honorably discharged on December 15, 1944. He was reinstated by his employer, as a photo-engraver apprentice, on January 4, 1945.

The collective bargaining agreement in effect between appellee and the photo-engravers union provided that only persons with six years' practical experience in photo-engraving work could be classified as journeymen. During appellant's service in the armed forces, this collective bargaining agreement was modified by mutual agreement between the company and the union to reduce the term of practical experience from six to five years. The employees who had been indentured as apprentices during the period of appellant's military service and who had not themselves entered the armed forces were given the status of journeymen photo-engravers upon the completion of five years' training as apprentices and were granted a seniority date as of January 14, 1948.

Upon his reemployment as apprentice photo-engraver, appellant entered upon his period of training and completed it on May 17, 1949, when he was granted the status of a journeyman photo-engraver. His seniority was granted retroactively to January 4, 1949, which was nearly a year later than the seniority date January 14, 1948 granted the men who occupied the same status which he had when he entered service in the Navy.

This action was brought by appellant to enforce his reemployment rights by virtue of section 8 of the Selective Training and Service Act of 1940, 54 Stat. 890, as amended, 50 U.S.C.App. 1946 Ed. 308.1 After trial, the United States District Court dismissed the case with prejudice, and entered judgment against appellant for the costs. Appellee concedes that section 8 of the Selective Training and Service Act of 1940 prohibits imposition of costs against a veteran in an action brought by him to enforce reemployment rights under the Act.

The Selective Training and Service Act of 1940 provided in terms that the veteran should be restored to his former position after...

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9 cases
  • Thompson v. Clifford, 20737.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 13, 1968
    ...preference); Boone v. Fort Worth & D. Ry., 223 F.2d 766, 770 (5th Cir. 1955) (employment tenure); Mann v. Crowell-Collier Publishing Co., 239 F.2d 699, 701 (6th Cir. 1956) (employment tenure); In re Ayson, 14 F.Supp. 488, 489 (N.D.Ill.1936) (naturalization). See also Lawrence v. Shaw, 300 U......
  • Carter v. United States, 20694.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 26, 1968
    ...of the District Court. 12 See also Rix v. Turnbull-Novak, Inc., 260 F.2d 785, 789 (8th Cir. 1958); Mann v. Crowell-Collier Publishing Co., 239 F.2d 699, 701 (6th Cir. 1956); Boone v. Fort Worth & D. Ry., 223 F.2d 766, 770 (5th Cir. 1955); Travis v. Schwartz Manuf. Co., 216 F.2d 448, 454 (7t......
  • Tilton v. MISSOURI PACIFIC RAILROAD COMPANY, 16814-16816.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 17, 1962
    ...which in turn had affirmed the district court, 22 C.C.H. Labor Cases, Par. 67,375; Mann v. Crowell-Collier Publishing Co., 6 Cir., 1956, 239 F.2d 699, 701; Norris v. Robertshaw-Fulton Controls Co., E.D.Tenn., 1957, 150 F.Supp. 431, 432; Bostick v. General Motors Corp., E.D.Mich., 1958, 161 ......
  • United States v. Thomas, 14304.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 23, 1961
    ...policy in the enforcement of justice in criminal cases, where the grounds upon which the petition is based are so palpably incredible." 239 F.2d 699. The judgment of the District Court is...
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