MITCHELL v. COHEN

Nos. 9446, 9447.

160 F.2d 915 (1947)

MITCHELL et al. v. COHEN. SAME v. HUBICKEY.

United States Court of Appeals District of Columbia.

Decided March 24, 1947.


Attorney(s) appearing for the Case

Mr. Richard E. Guggenheim, Attorney, Department of Justice, of Washington, D. C., with whom Mr. J. Francis Hayden, Special Asst. to the Atty. Gen., and Mr. Ellis Lyons, Atty., Department of Justice, and Mr. George Morris Fay, United States Attorney, both of Washington, D. C., were on the brief, for appellants.

Mr. Spencer Gordon, of Washington, D. C., with whom Mr. Gerhard A. Gesell, of Washington, D. C., was on the brief, for appellees.

Messrs. John Lewis Smith and Joseph J. Malloy, both of Washington, D. C., on behalf of the American Legion, filed a brief as amicus curiae, urging reversal.

Messrs. Robert P. Smith, William B. Ristig and Robert V. Smith, all of Washington, D. C., on behalf of James A. MacKenzie, filed a brief as amicus curiae, urging affirmance.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.


PRETTYMAN, Associate Justice.

Appellees, having been denied veterans' preferences and having been, or being about to be, discharged from their civilian positions in the War and Navy Departments, respectively, brought civil actions for injunctions against the Civil Service Commission and for declaratory judgments. Their claims were for preference in federal employment under the Veterans' Preference Act of 1944.1 Summary judgments were entered...

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