Feore v. North Shore Bus Co.

CLARK, Circuit Judge.

Plaintiff, an honorably discharged veteran of World War II, is suing his employer *553under §§ 8(b) (B), (e) of the Selective Training and Service Act of 1940, 50 U.S. C.A.Appendix, §§ 308(b) (B), (e), for loss of wages resulting from defendant’s alleged failure to restore him to his prewar position or a position of like seniority, status, and pay. The only one of the three defenses offered which, in our view of the case, we need discuss here is that defendant in fact offered plaintiff such a position. The District Court gave judgment for plaintiff, D.C.,E.D.N.Y., 68 F.Supp.…