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NEUSTEIN v. MITCHELL

No. 300.

130 F.2d 197 (1942)

NEUSTEIN v. MITCHELL et al., Civil Service Commissioners.

Circuit Court of Appeals, Second Circuit.

July 6, 1942.

Attorney(s) appearing for the Case

Harold L. Herzstein, of New York City, for appellant.

Sidney J. Kaplan, Sp. Asst. to Atty. Gen., of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and Lawrence V. Meloy, Atty., Civil Service Commission, of Washington, D. C. (Martin Norr, of Washington, D. C., and Jerome C. Strumpf, of New York City, Attys., Department of Justice, of counsel), for appellees.

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

PER CURIAM.

This is an appeal from a judgment dismissing upon the merits a complaint under § 400 of Title 28 U.S.C.A., seeking a declaration that the defendants, who are members of the United States Civil Service Commission, had no jurisdiction to file or pass upon charges made by them against the plaintiff under the "Hatch Act," § 61l (a) of Title 18 U.S.C.A. The plaintiff was a member of the Unemployment Insurance Appeal Board of the State of New...

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