Greathouse v. Babcock and Wilcox Company

MEMORANDUM OPINION AND ORDER

CONTIE, District Judge.

This matter was tried before the Court on plaintiff’s allegations that the defendant company violated his rights under Section 9 of the Military Selective Sesrvice Act of 1967 as amended, Title 50, U.S.C.App. § 459(c)(1) by dismissing him without cause within one year after his return from serving in the Armed Services. In his post trial brief, plaintiff urges the Court to exercise its prerogative under Rule 15(b) of the Federal Rules of Civil Procedure to deem the complaint amended to show a cause of action under Title 50, U.S.C. App. §…