Donald E. Wimberly v. Mission Broadcasting Company

SETH, Circuit Judge.

Donald E. Wimberly, a veteran, brought this action for reemployment and to recover lost wages for the alleged wrongful refusal of the defendants to reemploy him after discharge from the service as required by the Military Selective Service Act of 1967, 50 U.S.C.A. App. § 459(b)(B).

The facts of the case are uncontroverted. In January 1971, Wimberly was working on a full-time basis as a control operator for KBTR, a Denver radio station owned by Mullins Broadcasting Company. He left his job at the station approximately ten months later when he was drafted into the service.…