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FARLEY v. ABBETMEIER

No. 7546.

114 F.2d 569 (1940)

FARLEY v. ABBETMEIER et al.

United States Court of Appeals for the District of Columbia.

Rehearing Denied July 12, 1940.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., Enoch E. Ellison and W. S. Ward, Attys., Department of Justice, and Calvin W. Hassell, Asst. Sol., Post Office Department, all of Washington, D. C., for appellant.

Fred B. Rhodes, Cooper B. Rhodes, and Robert F. Klepinger, all of Washington, D. C., for appellees.

Before MILLER, VINSON, and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The special appeal is from the denial of defendant's motion for summary judgment in an action brought by 249 postal employees to obtain reinstatement in their former grade in the postal service.

By Act of February 28, 1925,1 railway post offices, terminals and transfer offices in the Railway Mail Service were classified as Class A and Class B offices according to size. In Class A offices railway postal...

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