PAUL, District Judge.
This action is one in which the plaintiff, a veteran of the recent war, invokes the provisions of Selective Service Act of 1940, § 308, Title 50 U.S.C.A.Appendix, which is to the effect that any person, who in order to perform military training and service has left a position under a private employer and after discharge from such service makes application for re-employment, shall be restored to such position or to a position of like seniority...
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