Kay v. General Cable Corporation

MEANEY, District Judge.

This matter is before me on an application by the defendant for an order vacating an ex-parte order previously entered and for entry of a new order.

This proceeding was initially brought under the■ Selective Training and Service Act of 1940 as amended, 50 U.S.C.A.Appendix § 308, which provides under section 308(b) (3) (B), that any person who upon entering the military or naval service of the United States, has left “a position, other than a temporary position, * * * in the employ of a private employer” shall, in the case of a private employer, be restored to such…