Schwetzler v. Midwest Dairy Products Corp.

KERNER, Circuit Judge.

A veteran appeals from a judgment dismissing his complaint in which he sought restoration of a position held by him prior to his induction into the armed forces of the United States, pursuant to the provisions of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A. Appendix, § 308. The dismissal was based on a finding that appellee, the employer, had offered appellant a position of like seniority, status, and pay, which he had rej ected.

The question presented is whether appellant was entitled to the restoration of the same position which he held at the…