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BLACKMON v. LEE

No. 11590.

205 F.2d 13 (1953)

BLACKMON v. LEE, Deputy Administrator, Civil Aeronautics Administration, et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 14, 1953.

Attorney(s) appearing for the Case

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

Mr. Oliver C. Biddle, Atty., Department of Justice, of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court, with whom Mr. Charles M. Irelan, U. S. Atty. at the time the brief was filed, and Messrs. Edward H. Hickey and Joseph Kovner, Attys., Department of Justice, were on the brief, for appellees. Messrs. William R. Glendon, Asst. U. S. Atty., Joseph M. Howard, Asst. U. S. Atty. at the time the record was filed, and William E. Kirk, Jr., Asst. U. S. Atty. at the time the brief was filed, also entered appearances for appellees.

Before PROCTOR, BAZELON and FAHY, Circuit Judges.

FAHY, Circuit Judge.

The appellant, plaintiff in the District Court, sought a declaratory judgment that his removal from a civilian position in the Civil Aeronautics Administration, Department of Commerce, violated his rights as a veteran's preference eligible, and restoration to his proper position. The appellees in this court, defendants below, are departmental officials and members of the Civil Service Commission. They answered and also filed affidavits which,...

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