Bryan v. Griffin

ALLEN, Circuit Judge.

The principal question presented by this appeal is whether the position held by appellant in appellee’s plant prior to induction into the army is a temporary position within the provisions of § 8(b) of the Selective Service and Training Act of 1940 as amended, 50 U.S.C.App. § 308(b), 50 U.S.C.A.Appendix, § 308(b). The veteran sought to be restored to the employment which he had immediately prior to his war service. The District Court held that the position had been temporary, that appellant therefore was not covered by the Act, and dismissed the petition.

The facts out of…