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UNITED STATES v. WIMBISH

No. 5441.

154 F.2d 773 (1946)

UNITED STATES ex rel. and for Use and Benefit of Stanley v. WIMBISH.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1946.

Attorney(s) appearing for the Case

J. Y. Jordan, Jr., of Asheville, N. C., and Cecelia H. Goetz, Atty., Department of Justice, of Washington, D. C. (John F. Sonnett, Asst. Atty. Gen., D. E. Henderson, U. S. Atty., of Charlotte, N. C., and Searcy L. Johnson, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Kingsland Van Winkle, of Asheville, N. C. (Harkins, Van Winkle & Walton, of Asheville, N. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and TIMMERMAN, District Judge.

DOBIE, Circuit Judge.

Under the provisions of Section 8(e) of the Selective Training and Service Act of 1940 (hereinafter called the Act), as amended, 50 U.S.C.A.Appendix, § 308(e), this action was brought by the United States Attorney on behalf of D. E. Stanley, seeking money damages from E. Y. Wimbish, hereinafter referred to as defendant, which action was based upon the alleged failure of defendant to reemploy Stanley upon his release from service in the Army...

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