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Derlyn E. Moe V. Eastern Air Lines Inc Summary

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The reemployment process in the airliner industry has been a major concern over the past few decades. Due to the fact that the United States has been involved in multiple wars means that thousands of airliner pilots have been forced into military service. Why? These pilots were on inactive duty service. When America went to war, these individuals were called upon to serve the country. Once finished with their service, these individuals have a hard time retrieving the same paygrade status prior to service. One particular court case stands out from the rest of the group. In Derlyn E. Moe v. Eastern Air Lines, INC., conducted by the United States Court of Appeals, Fifth Circuit, on June 18, 1957, involves an airliner copilot that was denied senior paygrade status after completing his service to the U.S. Armed Forces. …show more content…

Moe v. Eastern Air Liners, INC., U.S. Court of Appeals, Fifth Circuit, June 18, 1957. The plaintiff, Derlyn Moe, claims that he is entitled to Eastern Airline's seniority paygrade for the time spent in the U.S. Military. The plaintiff supported his case by introducing the Universal Military Training and Service Act which basically states that his employment and paygrade status will be what it is suppose to be if he had continuously worked for the airliner and had not served the Armed Forces. The defendant, Eastern Airliner, claims that in order to receive senior paygrade status, one must complete the one year probationary period which Moe did not complete. The case was directly issued to the respective District Court of Appeals (Fifth Circuit) so no lower form of court ruling is presented. When presented with the case, the judge at the time had to answer three questions. Does the court have the correct jurisdiction over this

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