FOSHAY v. UNITED STATES


54 F.2d 668 (1931)

FOSHAY v. UNITED STATES.

District Court, S. D. New York.

December 21, 1931.


Attorney(s) appearing for the Case

Hurlbert McAndrew, of Mamaroneck, N. Y., for plaintiff.

George Z. Medalie, U. S. Atty., of New York City (Maurice De Koven, Asst. U. S. Atty., of New York City, of counsel), for the United States.


CAFFEY, District Judge.

The post office at Mamaroneck is in the first class. In 1926, the plaintiff was appointed a clerk there. He was in the classified civil service. In his complaint, he alleges that in 1931 he was wrongfully discharged. He seeks judgment for his salary since a date shortly prior to the discharge. The suit rests jurisdiction on the Tucker Act (28 USCA § 41, subd. 20).

By notice dated August 15, 1931, the government moved to dismiss...

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