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DEAK v. PACE

Nos. 10406, 10407.

185 F.2d 997 (1950)

DEAK v. PACE, Jr., Secretary of Army. PATTON v. PACE, Jr., Secretary of Army.

United States Court of Appeals District of Columbia Circuit.

Decided December 7, 1950.

Attorney(s) appearing for the Case

Mr. Ford E. Young, Jr., Washington, D. C., for appellants. Messrs. George A. Finch, Jr., and R. H. McNeill, Washington, D. C., entered appearances for appellant Deak.

Mr. Samuel D. Slade, Attorney, Department of Justice, Washington, D. C., with whom Assistant Attorney General H. G. Morison and Messrs. George Morris Fay, U. S. Atty., Washington, D. C., and Edward H. Hickey, Special Asst. to the Atty. Gen., were on the brief, for appellee. Mr. Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

Appellants in these consolidated appeals were civilian employees of the War Department at the Army Finance Center, St. Louis, Missouri. They were summarily removed from their positions by the Secretary of War, acting under authority of Section 3, Act of December 17, 1942, 56 Stat. 1053, 5 U.S.C.A. § 652 note,1 upon the ground that such action was "warranted by the demands of national security."

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