Opinion
No. 9655.
Argued November 5, 1948.
Decided November 26, 1948.
Appeal from the United States District Court for Eastern District of Pennsylvania; William H. Kirkpatrick, Judge.
Action by Thomas M. O'Connor against Yardley Golf Club. From a judgment for plaintiff, the defendant appeals.
Affirmed.
See also, D.C., 79 F. Supp. 264.
Leo T. Connor, of Philadelphia, Pa. (George A. Cella, of Philadelphia, Pa., on the brief), for appellant.
Edward A. Kallick, of Philadelphia, Pa. (Gerald A. Gleeson, U.S. Atty., of Philadelphia, Pa., on the brief), for appellee.
Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.
The only question which requires discussion in the instant case is whether the plaintiff was an employee of the defendant within the meaning of Section 8(e) of the Selective Training and Service Act, 50 U.S.C.A.Appendix, § 308(e). As this court stated in Kay v. General Cable Corporation, 144 F.2d 653, 654, the provisions of the statute are to be liberally interpreted in favor of the veteran. Having this in mind and after careful consideration of the briefs and the points raised by counsel at the oral argument we are convinced that the court below committed no error in holding that the plaintiff was "in the employ" of the defendant.
Accordingly the judgment of the court below will be affirmed.