will be pleased to have you get in touch with me. I remain with kindest regards from Mrs. Stern, myself and everyone in the store here. * * * '
7. Petitioner was separated from active duty in the United States Army in April, 1946, and was honorably discharged from the United States Army at the expiration of his terminal leave on July 17, 1946.
8. In July, 1946, Petitioner wrote to Respondent concerning his return to work in Respondent's department store. Respondent declined to reemploy Petitioner by letter dated July 13, 1946, and recalled to Petitioner the circumstances of his employment prior to his induction into the United States Army.
9. Petitioner made no further effect to secure reemployment by Respondent until nine months later when he visited his Draft Board in Boston, Massachusetts some time in April, 1947. This suit was not instituted until August 11, 1948.
10. Petitioner has not been reemployed by Respondent up to the present time.
11. From the time of his discharge from the United States Army to the present time, Petitioner has been employed off and on as desk clerk in various hotels in Florida and New York. Petitioner has made no recent overtures to get into the department store field because he felt he would be 'better off in seeking a new field of endeavor.' Petitioner is ready, willing and able to return to work at Respondent's department store.
The Court makes the following Conclusions of Law:
1. When Petitioner, Harold A. Marque, left his position with the Saac Long Store to report to his Draft Board for induction into the military forces, he did not leave 'other than a temporary position' within the meaning of the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A.Appendix § 308(b).
2. If Petitioner were otherwise entitled to relief, under the Selective Training and Service Act of 1940, as amended, and this Court has determined above that he is not so entitled, he would be precluded from relief by reason of laches, in asserting his rights.
3. Petitioner, Harold A. Marque, is entitled neither to reinstatement to his former position nor to compensation for loss of wages.
4. The prayer of the petition of Harold A. Marque should be denied, and the said petition should be dismissed.
It is ordered that the prayer of the petition of Harold A. Marque by and it hereby is, denied, and that said petition be, and it hereby is dismissed. It is further ordered that the Clerk of this Court enter judgment in favor of Respondent, Julius Long Stern, trading as Isaac Long.