John A. Kelly v. Ford Instrument Co., Division of Sperry Rand Corporation

J. JOSEPH SMITH, Circuit Judge.

Plaintiff John A. Kelly, an employee of defendant Ford Instrument Co., Division of Sperry Rand Corporation (Ford) entered military service while in a laid-off status. On discharge from the sei’vice he was reemployed, but as a new employee. A declaratory judgment action seeking a declaration of entitlement to seniority rights on reemployment pursuant to the Universal Training and Service Act, 50 U.S.C.A.Appendix, § 459, was dismissed by the United States District Court for the Eastern District of New York, Walter Bruchhausen, Chief Judge, 192 F.Supp. 129, and…