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DI SILVESTRO v. UNITED STATES VETERANS ADMINISTRATION

No. 204, Docket 21263.

173 F.2d 933 (1949)

DI SILVESTRO v. UNITED STATES VETERANS ADMINISTRATION.

United States Court of Appeals Second Circuit.

April 5, 1949.

Attorney(s) appearing for the Case

Joseph W. Di Silvestro, of Ozone Park, N. Y., pro se.

Eugene T. Maher, Atty., Dept. of Justice, of New York City (J. Vincent Keogh, U. S. Atty., and Nathan Borock, Asst. U. S. Atty., both of Brooklyn, N. Y., on the brief), for defendant-appellee.

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

CLARK, Circuit Judge.

This is an appeal by a veteran of World War II from a district court order denying his motion for summary judgment and granting a like motion for the defense in his action seeking reinstatement, together with back pay, to the position of "P-3" adjudicator he had held with the United States Veterans Administration. He had served in this capacity on a "War Service Indefinite" appointment, first with the grade of P-2 and later with promotion to...

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