Opinion · Court of Appeals for the Fifth Circuit

Raymond E. Davis v. Alabama Power Company

Raymond E. Davis v. Ala. Power Co., 542 F.2d 650 (5th Cir. 1976)

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1976-07-01
Topic: general

How later courts describe this case

on basis of district court opinion

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Cited by: 7 opinions

DAVIS v. ALABAMA POWER COMPANY,542 F.2d 650(5th Cir. 1976)

RAYMOND E. DAVIS, PLAINTIFF-APPELLEE, v. ALABAMA POWER COMPANY,

DEFENDANT-APPELLANT.

No. 74-4149.

United States Court of Appeals, Fifth Circuit.

July 1, 1976.

Certiorari Granted January 10, 1977.

Marshall Timberlake, H. Hampton Boles, Birmingham, Ala., for defendant-appellant.

Wayman G. Sherrer, U.S. Atty., Henry I. Frohsin, Asst. U.S. Atty., Birmingham, Ala., Robert E. Kopp, Atty., John K. Villa, Atty., Appellate Section, Civil Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Alabama; J. Foy Guin, Jr., Judge.

Before AINSWORTH, MORGAN and RONEY, Circuit Judges.

PER CURIAM:

[1] AFFIRMED on the basis of the well-reasoned opinion of District Judge Guin published in383 F. Supp. 880(1974).

[2] RONEY, Circuit Judge (dissenting):

[3] 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 Litwickiv. 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.