Timothy O'mara, Cross-Appellee v. Petersen Sand & Gravel Company, Inc., Cross-Appellant

KILEY, Senior Circuit Judge.

The district court, by virtue of its power under the Military Service Act 1 (Act), entered judgment (a) ordering issuance of a mandatory injunction to compel defendant Petersen to reinstate plaintiff O’Mara to the position held by him prior to his induction into service; and (b) denying O’Mara’s motion for damages. O’Mara has appealed from the judgment denying his motion, and Petersen has cross-appealed from the judgment ordering the injunction. We reverse the judgment in so far as it denies the motion for damages, and affirm the judgment in so far as it mandates…