Harry W. Smith v. Missouri Pacific Transportation Company

BLACKMUN, Circuit Judge.

By this action Harry W. SmifJi, a retired army colonel born 8 December 1892, seeks reinstatement in his civilian employment with the defendant and damages for salary loss. He bases his claim, in the alternative, on § 9(g) (1) and (2) of the Universal Military Training and Service Act, adopted in 1948, 62 Stat. 604, 614, 50 U.S.C.App. § 459(g) (1) and (2), 1 and on § 8 of the earlier Selective Training and Service Act of 1940, 2 54 Stat. 885, 890. The case was tried to the court and resulted in a judgment for the defendant. D.C., 208 F.Supp. 767.

When Smith entered…