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UNITED STATES v. GORMAN

Civ. No. 1848.

76 F.Supp. 218 (1948)

UNITED STATES v. GORMAN.

District Court, E. D. Louisiana, New Orleans Division.

March 3, 1948.

Attorney(s) appearing for the Case

N. E. Simoneaux, Asst. U. S. Atty., of New Orleans, La., for plaintiff.

Deutsch, Kerrigan & Stiles and Breard Snellings, all of New Orleans, La., for defendant.

DAWKINS, District Judge.

The Government demands repayment of the sum of $803.48, after crediting defendant with the sum of $133.54 from the retirement fund, as the amount of salary he is alleged to have received from one of two positions, with the Post Office Department and W.P.A. respectively, held by him at the same time, in violation of Section 58, Tit. 5 U.S.C.A.

Defendant has moved for summary judgment on the pleadings, his affidavit and the stipulation...

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