SWINFORD, District Judge.
This case is before me on the defendant's motion to dismiss the complaint.
The plaintiff was employed by the defendant on December 23, 1933 and continued in its service as a regular employee until February 7, 1938. On that date, due to illness, the employment ceased. The plaintiff was re-employed by the defendant the following May (1938) and continued in the employ of the defendant until April 25, 1942, at which time he was inducted...
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