Kelly v. Ford Instrument Co., Division of Sperry Rand Corp.

BRUCHHAUSEN, Chief Judge.

The plaintiff moves for summary judgment.

In his complaint, the plaintiff, a veteran and sometime employee of the defendant, prays for a declaratory judgment, entitling him to seniority rights, pursuant to the Universal Military Training and Service Act, 50 U.S.C.A.Appendix 459.

The issue is whether the plaintiff was in the employ of the defendant at the time he entered military service. The said law preserves seniority rights to those leaving their employment for the purpose of performing military service.

We are here concerned with the interpretation of the statute and…