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BATAYOLA v. MUNICIPALITY OF METROPOLITAN SEATTLE

No. 85-3884.

798 F.2d 355 (1986)

Luis I. BATAYOLA, Plaintiff-Appellant, v. MUNICIPALITY OF METROPOLITAN SEATTLE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1986.

As Amended on Denial of Rehearing and Rehearing November 13, 1986.

Attorney(s) appearing for the Case

Constance Wynn, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Marc R. Kittner, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., for defendant-appellee.

Before WRIGHT, TANG and REINHARDT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc November 13, 1986.

EUGENE A. WRIGHT, Circuit Judge.

In this case we are asked to decide whether a part-time employee may be awarded backpay and seniority under the Veterans Readjustment Assistance Act as a remedy for missing an opportunity to apply for a full-time position while on military reserve duty training. The magistrate found the claimed benefit was not covered by the Act. We agree and affirm...

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