United States Sixth Circuit

In former police officer's action claiming that defendant violated plaintiff's rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), summary judgment for defendant is reversed in part and vacated in part where: 1) the district court erred in its application of 38 U.S.C. sections 4312 and 4313; and 2) the district court made errors of both fact and law in its judgment on partial findings under section 4311.

Appellate Information

• Decided 08/18/2008
• Published 08/18/2008

Judges

• Before:  KENNEDY, BATCHELDER, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael J. Wall, Branstetter, Stranch & Jennings, Nashville, Tennessee, for Appellant.  Kevin C. Klein, Metropolitan Department of Law, Nashville, Tennessee, for Appellee.   ON BRIEF:  Michael J. Wall, James G. Stranch III, Branstetter, Stranch & Jennings, Nashville, Tennessee, for Appellant.  Kevin C. Klein, Metropolitan Department of Law, Nashville, Tennessee, for Appellee.