KELLY v. FORD INSTRUMENT CO., DIV. OF SPERRY RAND CORP.

Civ. No. 60 C 404.

192 F.Supp. 129 (1961)

John A. KELLY (Veteran), Plaintiff, v. FORD INSTRUMENT COMPANY, DIVISION OF SPERRY RAND CORPORATION, Defendant.

United States District Court E. D. New York.

March 13, 1961.


Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for plaintiff; Walter C. Reid, Asst. U. S. Atty., New York City, of counsel.

Poletti & Freidin, New York City, for defendant; Herbert Prashker, Martin C. Seham, New York City, of counsel.


BRUCHHAUSEN, Chief Judge.

The plaintiff moves for summary judgment.

In his complaint, the plaintiff, a veteran and sometime employee of the defendant, prays for a declaratory judgment, entitling him to seniority rights, pursuant to the Universal Military Training and Service Act, 50 U.S.C.A.Appendix 459.

The issue is whether the plaintiff was in the employ of the defendant at the time he entered military service. The said law preserves seniority rights...

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