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CARR v. NEW YORK SHIPBUILDING CORP.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 7, 1952

CARR
v.
NEW YORK SHIPBUILDING CORP

The opinion of the court was delivered by: MADDEN

This is a proceeding instituted by petitioner, Anthony Carr, against his employer, the New York Shipbuilding Corporation, seeking to establish his seniority rights in his position under the Selective Training and Service Act, 50 U.S.C.A. Appendix, ยง 301 et seq. The matter was tried by the Court without a jury. Memo has been filed.

The facts are not in serious dispute and are found to be as follows: Carr was first employed by respondent on December 4, 1939 as an apprentice-loftsman and continued in the employ of respondent in various capacities until February 16, 1945, when he left to enter the Armed Forces of the United States. At that time he was a Loftsman-Second Class. It is almost unnecessary to mention that respondent operates one of the largest shipbuilding yards in this country if not the world and, naturally, was tremendously busy building ships, both naval and merchant marine, during World War II. Its employment rolls are as follows: Date Total Employees 5/1/36 4,914 5/1/40 7,962 5/1/41 12,434 5/1/42 22,002 5/1/43 32,291 5/1/44 27,432 5/1/45 24,446 5/1/46 14,453

19520807

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