Brickner v. Johnson Motors

MEMORANDUM OPINION

DECKER, District Judge.

Plaintiff David J. Brickner was hired as a packer by Johnson Motors on September 8, 1965. Except for the period from October 22, 1965 to October 30, 1967, he has been continuously employed by that company. The intervening two years were spent in military service.

The only question presented by the pleadings and the parties’ respective motions for summary judgment is whether Brickner occupied a position “other than temporary,” as that phrase is used in section 9(b) of the Military Selective Service Act, 50 U.S.C. App. § 459(b). That statute provides:

“[A]n…