Hiram Colon v. County of Shawnee, State of Kansas

McWILLIAMS, Circuit Judge,

specially concurring:

I concur in the result reached by the majority, but am not in accord with their *597reasoning. I believe that the Magistrate’s reasoning is correct.

When Colon entered on active military duty he had 20 days remaining on the so-called “lay-off” list. During the ensuing 20 days neither Colon nor anyone else on the lay-off list was recalled to work. That ends the matter as far as I’m concerned. If during that 20-day period Colon had been recalled to work, and unable to respond because of military service, then the Vietnam Era Veterans’ Readjustment…