RAYMOND E. DAVIS, PLAINTIFF-APPELLEE,
v.
ALABAMA POWER COMPANY, DEFENDANT-APPELLANT
RAYMOND E. DAVIS, PLAINTIFF-APPELLEE,
ALABAMA POWER COMPANY, DEFENDANT-APPELLANT
542 F.2d 650
Court of Appeals for the Fifth Circuit (1976)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM:
AFFIRMED on the basis of the well-reasoned opinion of District Judge Guin published in 383 F.Supp. 880 (1974).
Dissent
RONEY, Circuit Judge
(dissenting):
I respectfully dissent. All leaves of absence without regular pay are excluded from Accredited Service under Alabama Power Company’s Pension Plan. The result reached by the district court accords greater benefits to an employee for leave of absence for military service than for any other leave of absence without pay. Like the Third and Tenth Circuits, I would hold that the benefits provided by the Pension Plan are not prerequisites of seniority under the Act. 50 U.S.C. App. § 459(c)(1) (1970). See Litwicki v. Pittsburgh Plate Glass Ind., Inc., 505 F. 2d 189 (3d Cir. 1974); Jackson v. Beech Aircraft Corp., 517 F. 2d 1322 (10th Cir. 1975). I would reverse.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ala. Power Co. v. Davis, 431 U.S. 581 (U.S. 1977)
-
Allen v. United States Steel Corp., 665 F.2d 689 (5th Cir. 1982)
-
Carney v. Cummins Engine Co., Inc., 602 F.2d 763 (7th Cir. 1979)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. Beech Aircraft Corp., 517 F.2d 1322 (10th Cir. 1975)
- Litwicki v. Pittsburgh Plate Glass Indus., 505 F.2d 189 (3d Cir. 1974)