State v. City of Omaha

*492This is an action by the Commissioner of Labor for the Department of Labor on behalf of James L. Bookwalter. The Commissioner seeks a writ of mandamus ordering the City of Omaha to comply with an order of the Department to grant Book-waiter all his rights under section 55-161, R. R. S. 1943. This involved reemploying him, restoring all seniority rights, and allowing him backpay from the time he returned from military service. The trial court denied the writ because Bookwalter had not taken a leave of absence but had resigned to enter military service. We affirm.

The Commissioner charges the…