Smith v. Missouri Pacific Transportation Co.

HENLEY, Chief Judge.

This rather unusual case, arising under the reemployment provisions of the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 308, and of the Selective Training and Service (Universal Military Training and Service) Act of 1948, as amended, 50 U.S. C.A. Appendix, § 459, has been tried to the Court and submitted upon the pleadings, a stipulation of facts, oral testimony, numerous exhibits, and written briefs. This memorandum incorporates the Court’s findings of fact and conclusions of law.

The basic facts of the case are substantially undisputed, and many of…