CARTER v. FORRESTAL

No. 9869.

175 F.2d 364 (1949)

CARTER v. FORRESTAL et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1949.


Attorney(s) appearing for the Case

Mr. Claude L. Dawson, Washington, D. C., for appellant.

Mr. Eugene T. Maher, Attorney, Department of Justice, of the Bar of the Supreme Court of New York, New York City, pro hac vice, with whom Messrs. H. G. Morison, Assistant Attorney General, George Morris Fay, United States Attorney, Washington D. C. and Edward H. Hickey, Special Assistant to the Attorney General, were on the brief, for appellees.

Messrs. Joseph M. Friedman, Assistant Attorney General, and Ross O'Donoghue, Assistant United States Attorney, Washington, D. C., also entered appearances for appellees.

Before WILBUR K. MILLER and PRETTYMAN, Circuit Judges, and WATKINS, District Judge, sitting by designation.


WATKINS, District Judge.

In this action appellant seeks a declaratory judgment as to his permanent Civil Service status and requests an order in the nature of mandamus requiring his restoration to his position as a civilian employee of the Department of the Army.

The material facts are not in dispute and may be stated briefly. Appellant, an honorably discharged, disabled veteran of World War II, was a clerk-typist in the War Department, with a Civil Service...

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