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MARTIN v. ROOSEVELT HOSPITAL

No. 477, Docket 33953.

426 F.2d 155 (1970)

Donald C. MARTIN, Jr., Plaintiff-Appellant, v. ROOSEVELT HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 6, 1970.

Attorney(s) appearing for the Case

Howard F. Ordman, New York City (Putney, Twombly, Hall & Hirson, New York City, of counsel), for plaintiff-appellant.

Walter J. Holzka, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal raises a novel question concerning the application of the reemployment provisions of § 9 of the Selective Service Act, 50 U.S.C.App. § 459(b), to a hospital resident. So far as here relevant, the statute provides that any person who "leaves a position (other than a temporary position) in the employ of any employer" in order to perform military service is entitled to be reemployed...

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