Berger v. Walsh

In September, 1942, the names of petitioners, which appeared on the civil service eligible list for fireman, were passed over by defendant, Commissioner of the Fire Department of the City of New York, because circumstances indicated that petitioners were about to be reclassified in Class 1-A under the Federal Selective Training and Service Act of 1940 (U. S. Code, tit. 50, Appendix, §§ 301-318). At that time all the petitioners were classified in Class 3-A of the draft with the exception of one who had not been classified. New regulations, however, had been recently announced by the Selective…