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BOERNER v. UNITED STATES

No. 104.

117 F.2d 387 (1941)

BOERNER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 4, 1941.

Attorney(s) appearing for the Case

C. Joseph Danahy, of Brooklyn, N. Y., for plaintiff-appellant.

Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y. (Harold M. Kennedy, U. S. Atty., and J. Wolfe Chassen, Asst. U. S. Atty., both of Brooklyn, N. Y., on the brief), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The plaintiff was a chauffeur-carrier employed by the United States Post Office Department at Long Island City, New York, until he was separated from the service for cause in 1935. He has brought this action under the Tucker Act, 28 U.S. C.A. § 41(20), to secure a refund, as provided in 5 U.S.C.A. § 724, of the deductions made from his salary during his term of service for credit to the civil...

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