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KUTCHER v. GRAY

No. 11172.

199 F.2d 783 (1952)

KUTCHER v. GRAY, Adm'r of Veterans' Affairs, et al.

United States Court of Appeals District of Columbia Circuit.

Decided October 16, 1952.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., Washington, D. C., for appellant.

Edward H. Hickey, Atty., Department of Justice, Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and Joseph Kovner, Atty., Department of Justice, Washington, D. C., were on the brief, for appellees.

Herbert Monte Levy, New York City, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, for American Civil Liberties Union, as amicus curiae, urging reversal.

Before WILBUR K. MILLER, PRETTYMAN, and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

This appeal presents several questions involving the President's Loyalty Program and § 9A of the Hatch Act.

Kutcher (appellant), a war veteran and "preference eligible,"1 was employed by the Veterans Administration. Acting under the President's Loyalty Program,2 a Deputy Administrator proposed Kutcher's removal upon charges of membership...

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