Strelitz v. Surrey Classics, Inc.

CAFFEY, District Judge.

Petitioner in this proceeding prays for an order directing respondent to re-employ him in the same position, or its equivalent, in which he was employed prior to his enlistment in the United States Army in August, 1942. Petitioner was honorably discharged in December, 1945.

On February 25, 1946, promptly after service of defendant’s answer, petitioner served, pursuant to Rule 38(c) of the Federal Rules of Civil Procedure, 28 U.S.C. A. following section 723c, a demand for a jury trial of four specific issues, viz.:(1) Was petitioner employed for about eight months prior…