Donald C. Martin, Jr. v. Roosevelt Hospital

FRIENDLY, Circuit Judge:

This appeal raises a novel question concerning the application of the reemployment provisions of § 9 of the Selective Service Act, 50 U.S.C.App. § 459(b), to a hospital resident. So far as here relevant, the statute provides that any person who “leaves a position (other than a temporary position) in the employ of any employer” in order to perform military service is entitled to be reemployed in that position upon satisfactory completion of his service if he makes application therefor within ninety days after discharge, “unless the employer’s circumstances have so…