Jerry W. Earls v. Atchison, Topeka and Santa Fe Railway, the Atchison, Topeka and Santa Fe Railway Company, Cross-Complainant-Appellee v. International Brotherhood of Boilermakers, Cross-Defendants-Appellants

532 F.2d 133 91 L.R.R.M. (BNA) 2943 , 78 Lab.Cas. P 11,340 Jerry W. EARLS, Plaintiff-Appellee, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY, Defendant-Appellant. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Cross-Complainant-Appellee, v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS et al., Cross-Defendants-Appellants. Nos. 74-2082, 74-2075. United States Court of Appeals, Ninth Circuit. March 4, 1976. Richard R. Lyman (argued), of Mulholland, Hickey & Lyman, Toledo, Ohio, for appellant. John P. Frestel (argued), Michael E. Wolfson, Asst. U. S. Atty. (argued), Los Angeles, Cal., for appellee. OPINION Before WRIGHT and SNEED, Circuit Judges, and CHRISTENSEN, * Senior District Judge. WRIGHT, Circuit Judge: 1 The sole issue presented by this appeal is the proper method of computing a veteran's retroactive seniority date under the Military Selective Service Act (the Act) (50 U.S.C. App. § 451 et seq.). The district court granted summary judgment for the plaintiff veteran. We reverse. 2 The factual background of this appeal as found by the trial court based on stipulated facts is as follows. Plaintiff was employed by the defendant railway as an apprentice boilermaker on March…