Gimpelson

This is a reemployment case arising under the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix § 301 et seq., and is here on appeal from a judgment of the district court, which entered findings of fact and judgment sustaining defenses interposed, and dismissed appellant’s petition for enforcement of claimed veteran’s reemployment rights. See Sections 8(e) and 16(b), Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix, §§ 308(e), 316(b), and Section 7, Service Extension Act of 1941, as amended, 50 U.S.C.A.Appendix, § 357.

Appellant entered military service on October 23, 1942. Prior to that time he had been employed by an uncle, appellee Kaufman, who operated a meat business in Los Angeles, California.

In his petition appellant alleged generally that Kaufman had employed him in the capacity of “general manager” of this meat business; that he was discharged from military service on November 6, 1945; that in December of 1945 and on several occasions thereafter within 90 days from November 6, 1945, he applied to Kaufman for reemployment in this former position of general manager and was refused such reemployment despite the fact…