Kan v. Tsang

ROCHE, District Judge.

This is an action brought under Section 8 of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix § 308. The petitioner originally sought employment reinstatement together with compensation for loss of wages and benefits resulting from respondents’ alleged refusal to reinstate him, but he now .asks only a money judgment for such compensation, waiving other rights that he may have under the Act.

Respondents defend on two grounds: First, that the issues herein have already been decided adversely to petitioner in certain proceedings in the superior…