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HUNTER v. MITCHELL

No. 9994.

180 F.2d 763 (1950)

HUNTER v. MITCHELL, President, Civil Service Commission, et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1950.

Attorney(s) appearing for the Case

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

Mr. Eugene T. Maher, Washington, D. C., Attorney, Department of Justice, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Assistant Attorney General H. G. Morison and Messrs. 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.

Before CLARK, PRETTYMAN, and BAZELON, Circuit Judges.

CLARK, Circuit Judge.

This appeal was taken by the plaintiff below to test the validity of a summary judgment granted on motion of defendant-appellee made pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. Appellant contends that the lower court erred in granting the summary judgment because there is a genuine issue as to a material fact.

The controversy arose when Hunter, an employee of the United States Government, was graded down...

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