84 F. Supp. 947 | E.D. Pa. | 1949
This is a cause of action arising under the reemployment provisions of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 308. Defendant has moved to dismiss the complaint, or in the alternative, for summary judgment, offering affidavits in support of its motion. See Rule 12(b), as amended, Federal Rules of Civil Procedure, 28 U.S.C.A. In substance, plaintiff’s complaint alleges as follows: Plaintiff was employed as a pitcher by defendant corporation under a written contract for the baseball seasons of 1944 and 1945. While the 1945 contract was in effect, plaintiff was inducted into the United States Navy. He was later honorably discharged, applied for reinstatement, and was reemployed under a written contract for the year 1946. Subsequently, he was unconditionally released on April 29, 1946. Plaintiff seeks damages for defendant’s allegedly wrongful discharge and such other equitable relief as the Court deems proper. The affidavit supporting defendant’s motions is by George A. Fletcher, secretary of defendant ball club, and, in effect, states that after plaintiff signed a contract for the 1945 season on April 17, 1945, he asked to be placed on the voluntary retirement list so that he could stay in his defense job. This was done on May 16, 1945. Plaintiff, in opposing this motion, has filed a counter-affidavit, stating that defendant knew of plaintiff’s intentions to stay in his defense job when it sent him a contract for the 1945 season; that after his induction he was placed on the National Defense Service List of defendant ball club; and, that after his discharge he was reinstated by the Office of the Commissioner of Baseball to defendant’s active list. Also included in the counter-affidavit is a copy of letter sent to plaintiff by Herbert Pennock, then Vice President of the club, stating the reasons for his release.
Defendant’s arguments in support of its motions are briefly, that the reemployment benefits of the Selective Service Act do not apply to baseball players, because their employment is temporary; that plaintiff did not occupy or leave any position in the employ of defendant at the time of his induction; that defendant’s circumstances had changed so as to make it impossible or unreasonable to require it to reemploy plaintiff; that plaintiff’s unconditional release was a discharge