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SULLIVAN v. WEST CO.

August 5, 1946

SULLIVAN
v.
WEST CO., Inc., et al.



The opinion of the court was delivered by: BARD

This action was brought by an honorably discharged veteran of the United States Navy under the provisions of Section 8(e) of the Selective Training and Service Act of 1940, *fn1" (1) to obtain an order compelling one of the two defendants to restore him to employment, and (2) to obtain compensation for loss of wages due to defendants' failure to re-employ him.

I make the following special

 Findings of Fact.

 1. Plaintiff, Howard J. Sullivan, is a resident of Philadelphia, Pennsylvania.

 2. Defendant, The West Company, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 1117 Shackamaxon Street, Philadelphia.

 3. Defendant, West Abrasives, Inc., is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1500 Walnut Street, Philadelphia.

 4. On April 14, 1942, plaintiff was employed by The West Company, Inc., as a mill-man in the abrasive division. Plaintiff was paid sixty cents per hour as a learner between April and July 1942, sixty-five cents per hour between July and October 1942, and $ 1.10 per hour between October 1942 and November 1943.

 5. Plaintiff was employed by defendant, The West Company, Inc., in a position other than temporary between April 1942 and November 1943.

 6. Plaintiff left the employ of The West Company, Inc., in November 1943 to enter the armed forces of the United States and was inducted into the United States Navy on November 6, 1943.

 7. On or about September 1, 1945, The West Company, Inc., sold and transferred the machinery, equipment, list of customers, and good will of its abrasive division to Ira Jewell Williams, Jr., as agent. The operation of the abrasive division was subsequently taken over by West Abrasives, Inc., a subsidiary of General Grinding Wheel Corporation.

 8. The transfer and sale of the abrasive division to West Abrasives, Inc., was absolute and final. There is no common ownership or control nor any other connection between the two defendant corporations.

 9. Since the date of the transfer, West Abrasives, Inc., has operated the abrasive business formerly owned by The West Company, Inc. The operating employees in the abrasive division of the vendor became the employees of West Abrasives, Inc.

 10. Since the date of the transfer, The West Company, Inc., has had no control over the operations of its former abrasive division and has had no supervision over the hiring or discharge of the employees of West Abrasives, Inc.

 11. Since the date of the transfer, The West Company, Inc., has not manufactured products of the type formerly produced by its abrasive division. The West Company, Inc., continues ...


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