364 Appendix to Opinion of the Court. hereof, including all records of every kind showing the quantity of said plasterboard and gypsum wallboard manufactured and sold by it and the quantity thereof put up and sold by it in bundles and the price or prices at which the same was sold, and to make copies thereof and memoranda therefrom; 9. Having regard for the fact that there are or may be certain manufacturers of plaster or gypsum products, jobbers or other wholesale distributors of such products, who do not or may not manufacture gypsum wallboard or plasterboard but who desire or may desire to have gypsum wallboard or plasterboard manufactured for them, it is understood and agreed that Licensee may manufacture for jobbers (being those who do not manufacture but buy and sell plasterboard or gypsum wallboard in straight cars or in mixed cars with other building material and who do not sell at retail) gypsum wallboard or plasterboard embodying the inventions and improvements set forth and claimed in said letters patent or in any letters patent after the same shall have been issued, granted for or upon any of the said applications and may with the written consent of first party manufacture for any such other manufacturer or other wholesale distributor, gypsum wallboard or plasterboard embodying the said inventions and improvements; Provided, However, that the said license fee or royalty to be paid to Licensor as hereinbefore provided shall be based upon all gypsum wallboard and plasterboard manufactured for and sold and invoiced to such other manufacturer, jobber or wholesale distributor and upon the regular selling price of Licensee of such plasterboard or gypsum wallboard to its regular dealer trade at the time of such sale and invoice, and shall not be based upon the price at which plasterboard or gypsum wallboard is sold and invoiced by Licensee to such other manufacturer, jobber or whole Appendix to Opinion of the Court. 333 U.S. sale distributor. Nothing hereinbefore contained in this agreement shall be construed to give Licensee the right to manufacture gypsum plasterboard or gypsum wallboard embodying the inventions and improvements set forth and claimed in any of said letters patent or in any letters patent after the same shall have been granted for or upon any of said applications for said other manufacturers or wholesale distributors and to sell the same, without the written consent of Licensor. 12. In the event that either party shall at any time neglect, fail or refuse to keep or perform any of the conditions or agreements herein to be kept by it and performed, then the other party, at its election, may serve upon the party in default written notice of intention to terminate this license, which notice shall specify the alleged neglect, failure or refusal, and if within thirty (30) days from the date of delivery of said notice the party in default shall not cure the default specified in said notice, then the other party may cancel and terminate this agreement by notifying the party in default in writing of its election so to do, without the necessity of any court action; . . . . 15. In case Licensor shall, subsequent to the effective date hereof, grant to any other person except Abel Davis and Eugene Holland, receivers of the Universal Gypsum & Lime Co. or their successors or to the said Universal Gypsum & Lime Co., any license under said patents or applications for letters patent set forth in said Exhibit A and paragraph 4 hereof for the manufacture, sale or use of gypsum plasterboard or gypsum wallboard or bundles thereof, embodying the claims or inventions set forth. and claimed in said patents or said applications, or shall grant any right under any such license, upon terms more favorable than those granted hereunder to this Licensee, then it will grant to this Licensee a license on the same terms or extend to it the same right granted to any such other person. This paragraph shall not apply to any license granted on or prior to the effective date hereof, nor shall the same apply to the terms of settlement of any claim of Licensor or provisions with respect to the payment thereof, contained in any such license. MITCHELL ET AL., MEMBERS OF THE CIVIL SERVICE COMMISSION, v. COHEN. NO. 130. CERTIORARI TO THE UNITED STATES COURT OF * APPEALS FOR THE DISTRICT OF COLUMBIA.* Argued January 6, 1948.-Decided March 8, 1948. 1. Part-time service with the Volunteer Port Security Force of the Coast Guard Reserve does not entitle one to veterans' preference in federal employment under the Veterans' Preference Act of 1944. Pp. 412-423. 2. Those who served temporarily on a part-time basis with the Volunteer Port Security Force are not "ex-servicemen" within the meaning of § 2 of the Veterans' Preference Act. Pp. 417-420. 3. The term "ex-servicemen" in the Veterans' Preference Act is to be construed as embracing only those who performed military service on full-time active duty with military pay and allowances, and who thereby dislocated the fabric of their normal economic and social life. Pp. 421-422. 4. The provision of § 2 of the Veterans' Preference Act establishing preference eligibility for unmarried widows of ex-servicemen, even though these widows may have continued their normal civilian employment during the war, does not require that "ex-servicemen" be construed more broadly than above indicated. Pp. 420-421. *Together with No. 131, Mitchell et al., Members of the Civil Service Commission, v. Hubickey, also on certiorari to the same Court. Opinion of the Court. 333 U.S. 5. One who, on the date when the Veterans' Preference Act became law, had not disenrolled from the Volunteer Port Security Force could not have acquired vested preference rights under § 18 of the Act, by virtue of a Civil Service Commission ruling extending preference rights under prior laws to those who had served with the Volunteer Port Security Force. Pp. 422-423. 160 F.2d 915, reversed. Respondents brought suits against members of the Civil Service Commission to establish their status as preference eligibles in federal employment. The District Court granted summary judgments in their favor. 69 F. Supp. 54. The Court of Appeals affirmed. 160 F. 2d 915. This Court granted certiorari. 332 U. S. 754. Reversed, p. 423. Herbert A. Bergson argued the cause for petitioners. With him on the brief were Solicitor General Perlman, Paul A. Sweeney and Oscar H. Davis. Gerhard A. Gesell argued the cause and filed a brief for respondents. MR. JUSTICE MURPHY delivered the opinion of the Court. The problem here is whether temporary members of the Volunteer Port Security Force of the Coast Guard Reserve are entitled to veterans' preference in federal employment by virtue of the Veterans' Preference Act of 1944.1 Pursuant to § 207 of the Coast Guard Auxiliary and Reserve Act of 1941,2 approximately 70,000 persons were enrolled as temporary members of the Coast Guard Reserve. The Reserve was a military organization estab 158 Stat. 387, 5 U. S. C. (Supp. V, 1946) § 851. 255 Stat. 9, 12, as amended, 14 U. S. C. (Supp. V, 1946) § 307. 411 Opinion of the Court. 3 lished as a component part of the Coast Guard "to enable that service to perform such extraordinary duties as may be necessitated by emergency conditions." " The Coast Guard, in turn, was created as a military service and constitutes "a branch of the land and naval forces of the United States." + On November 1, 1941, the President directed that the Coast Guard operate as part of the Navy subject to the orders of the Secretary of the Navy.5 Of the various classifications of temporary members of the Coast Guard Reserve, the largest was known as the Volunteer Port Security Force. Service therein was purely voluntary and was devoted to such activities as the patrol and guarding of harbors, waterfronts, docks, bridges, ships and industrial shore establishments. The members of this force took the oath of allegiance required of the regular members of the Coast Guard. They were enrolled "for the duration of the war upon the completion of which you will be disenrolled unless the period of your enrollment is sooner terminated by Coast Guard authority." In actual practice, however, the members were usually permitted to leave the Force at any time by making a request to the commanding officer of the unit to 38 201 of the Coast Guard Auxiliary and Reserve Act of 1941, 55 Stat. 9, 11, as amended, 14 U. S. C. (Supp. V, 1946) § 301. 455 Stat. 585, 14 U. S. C. § 1. 5 Executive Order No. 8929, 6 Fed. Reg. 5581. The other classifications were: (1) Full-time active duty with military pay and allowances; (2) Pilots without pay and allowances other than for uniforms, but paid by their own companies; (3) Officers of Great Lakes vessels without pay and allowances other than for uniforms, but paid by their own companies; (4) Coast Guard police without pay and allowances; (5) Civil Service employees of the Coast Guard enrolled for full-time active duty without pay other than compensation for their civilian positions. From the form entitled "Temporary Member of Coast Guard Reserve-Enrollment and Active Duty Assignment." |