Boston & Maine R. R. v. Hayes

WOODBURY, Circuit Judge.

This appeal from a judgment in favor of a petitioner under § 8(e) of the Selective Training and Service Act of 1940, 54 Stat. 891, 50 App. U.S.C.A.Appendix § 308 (c), for restoration in employment as required by § 8(b) (B) of the Act' presents a question which appears to be one of first impression in the Circuit Court of Appeals. It is this: Does an employee whose induction is deferred at his employer’s request, but who resigns from his employment in order to volunteer for induction into the armed forces, forfeit his statutory right to be restored, on the satisfactory…