Smith v. Industrial Employers and Distributors Ass'n

OPINION AND ORDER

ORRICK, District Judge.

Plaintiff, a World War II veteran, instituted this action under Section 9 of the Military Selective Service Act of 1967 1 (50 U.S.C. App. § 459) to obtain monetary credits under defendants’ pension plan for his years of military service when he was absent from defendant’s employment. There being no genuine issue as to any material fact, both plaintiff and defendants have moved for summary judgment. Plaintiff contends that pension benefits are perquisites of seniority which are due him by right under the Act. Defendants contend that the returning veteran…