Sanger

Plomb Tool Co. v. Sanger

Good Law
193 F.2d 260
United States Court of Appeals for the Ninth CircuitJanuary 4, 195212873California2,430 words

Opinion

Opinion

Bone, J.

Appellee Sanger sued the Plomb Tool Company, a corporation, to obtain reinstatement to a position held by him with defendant corporation and for compensation for loss of benefits. The action was brought under § 7 of the Service Extension Act of 1941, and § 8 of the Selective Training and Service Act of 1940, as amended, both of which are set forth in the margin. Judgment was entered for appellee in the sum of $79,475.05 with interest at the rate of 7% per annum from January 1, 1947, together with reinstatement in the position he held prior to his entry into the military service.

Appellee is a World War II veteran who voluntarily entered the armed services in November, 1942, and was honorably discharged therefrom on December 29, 1945. For nine years prior to his enlistment, he sold appellant’s tool products on a commission basis as a manufacturer’s representa tive in a specified territory known as the “Kansas City Territory,” comprising the states of Kansas, Iowa, Minnesota, Missouri and portions of Nebraska, South Dakota and Illinois. In addition, appellee also sold various products of six other manufacturers during the period pertinent to our inquiry;

In January, 1946 (within…

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