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DAY v. MATHEWS

Nos. 75-1085 and 75-1652.

530 F.2d 1083 (1976)

Walter A. DAY, Jr. v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Appellants. Walter A. DAY, Jr. v. F. David MATHEWS, Secretary of Health, Education and Welfare, and His Agents, Assigns and Successors in Office, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1976.

Attorney(s) appearing for the Case

John M. Rogers, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, were on the brief, for appellants. John A. Terry and Robert M. Werdig, Jr., Asst. U.S. Attys., Washington, D.C., also entered appearances for appellants.

John L. Burke, Jr., Washington, D.C., with whom Roderic V. O. Boggs, Washington, D.C., was on the brief, for appellee.

Before WRIGHT and ROBB, Circuit Judges, and BRODERICK, District Judge.

PER CURIAM:

In 1970 appellee Day, who is black, was serving as a Wage Grade 8 (WG-8) employee of the United States Public Health Service Hospital in Baltimore, a unit of the Department of Health, Education and Welfare (HEW). On June 5 of that year he applied for a WG-10 opening at the hospital, but approximately a month later that post was awarded to a Mr. West, a competing white applicant. Day filed a prompt administrative complaint, charging that he had been denied...

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