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MICALONE v. LONG ISLAND R.R. CO.

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK.


December 19, 1983

Nicholas J. Micalone, Plaintiff
v.
Long Island Railroad Co., Defendant.

The opinion of the court was delivered by: DUFFY

DUFFY, D.J.: This case came on for trial before the Court, District Judge Henry F. Werker presiding, and the issues having been duly tried and a decision having been rendered thereon,

It is Ordered, Adjudged and Decreed:

1. That the plaintiff was denied reemployment by defendant in violation of the Veteran's Reemployment Rights Act; and

 2. That the plaintiff recover from the defendant the sum of $92,611.46 for lost wages from August 28, 1978 through December 1, 1983, and the costs and disbursements of this action; and

 3.That the defendant immediately reemploy the plaintiff in the position which he held at the time of his dismissal on August 3, 1978 with all the benefits of seniority and status which would have accrued to him by virtue of continuous service from August 3, 1978 until he is reinstated; and

 4. That the plaintiff recover from defendant the daily wage rate at which he is reemployed for each day between December 1, 1983 and the date he is reinstated; and

 5. That the plaintiff be given credit for retirement purposes with employment from August 3, 1978 to the date of his reinstatement.

19831219

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