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

No. 112, Docket 27103.

298 F.2d 399 (1962)

John A. KELLY, Plaintiff-Appellant, v. FORD INSTRUMENT CO., DIVISION OF SPERRY RAND CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 11, 1962.


Attorney(s) appearing for the Case

Edward A. Groobert, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

Martin C. Seham, New York City (Herbert Prashker and Poletti & Freidin, New York City, on the brief), for defendant-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge.

Plaintiff John A. Kelly, an employee of defendant Ford Instrument Co., Division of Sperry Rand Corporation (Ford) entered military service while in a laid-off status. On discharge from the service he was reemployed, but as a new employee. A declaratory judgment action seeking a declaration of entitlement to seniority rights on reemployment pursuant to the Universal Training and Service Act...

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