Joel H. Montgomery v. Southern Electric Steel Company

RIVES, Circuit Judge:

Joel H. Montgomery, a discharged ex-serviceman and former Southern Electric Steel Company employee, appeals from an adverse final judgment dismissing his seniority rights claim asserted under Section 9 of the Military Selective Service Act, as amended, 50 U.S.C. App. § 459 (1968). 1 2 We reverse and remand with instructions.

The district court heard this ease on the pleadings, the interrogatories and answers thereto, and the stipulation of the parties. The stipulation disclosed the following facts. Montgomery was employed by the Company on May 27, 1962, as a probationary…