Reeser v. Philadelphia National League Club

McGRANERY, District Judge.

This is a cause of action arising under the reemployment provisions of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 308. Defendant has moved to dismiss the complaint, or in the alternative, for summary judgment, offering affidavits in support of its motion. See Rule 12(b), as amended, Federal Rules of Civil Procedure, 28 U.S.C.A. In substance, plaintiff’s complaint alleges as follows: Plaintiff was employed as a pitcher by defendant corporation under a written contract for the baseball seasons of 1944 and 1945. While the 1945 contract was in…