Dodds

Williams v. Dodds

Good Law
163 F.2d 724·20 L.R.R.M. (BNA) 2622·1947 U.S. App. LEXIS 3106
United States Court of Appeals for the Ninth CircuitSeptember 22, 1947No. 11525California658 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a judgment for $1,800 obtained by appellee, Jack George Dodds, against appellant, Ray R. Williams, in a proceeding by appellee against appellant under § 8 of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 308, which provides:

These facts are undisputed: On August 26, 1942, appellee was inducted into the naval forces under the Act for training and service. On February 9, 1945, he was relieved from such training and service and received the certificate provided for in subsection (a). On April 18, 1945, he made application to appellant for re-employment, which appellant refused. On August 31, 1945, he commenced this proceeding by filing a petition under subsection (e).

The court found that appellee had held a position in appellant’s employ, namely the position of manager of a taxicab business called Glendale Taxi Service; that he had left said position in order to perform training and service as aforesaid; that on February 9, 1945, and at all times thereafter, he was well able to perform the duties of said position; and that, by reason of appellant’s refusal to restore him to said position, he had suffered damages in the sum of $1,800.…

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