James E. Brown v. Nashville, Chattanooga & St. Louis Railway

221 F.2d 791, 1955 U.S. App. LEXIS 4517, 28 Lab. Cas. (CCH) 69,187

• Court: Court of Appeals for the Sixth Circuit
• Decided: April 27, 1955
• Docket: 12345_1
• Status: Published

Opinion

PER CURIAM.

This case was heard upon the record, briefs and arguments of counsel for the respective parties;

And it appearing that the only question involved, namely, whether the appellant made application to the appellee for reemplcyment within ninety days after his discharge from the United States Navy oi January 10, 1950 in accordance with the provisions of Secs. 308(b) and 459(b), 50 U.S.C.A.Appendix, in order to be entitled to reemployment after termination of service in the armed forces, is a question of fact, which was found by the District Judge' adversely to appellant’s contention that such application had been made;

And the Court being of the opinion that giving due regard to the opportunity of the District Judge to judge of the credibility of the witnesses such finding of fact is not clearly erroneous, Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A.; Walling v. General Industries Co., 330 U.S. 545, 550, 67 S.Ct. 883, 91 L.Ed. 1088. See: Broadcast Music v. Havana Madrid Restaurant Corp., 2 Cir., 175 F.2d 77, 80.

It is ordered that the judgment be affirmed.