WARD v. ANDERSON

No. 11537.

208 F.2d 48 (1953)

WARD v. ANDERSON, Secretary of Navy.

United States Court of Appeals District of Columbia Circuit.

Decided November 27, 1953.


Attorney(s) appearing for the Case

Mr. Marcus Borchardt, Washington, D. C., for appellant.

Mr. E. Riley Casey, Asst. U. S. Atty., Washington, D. C., with whom Mr. Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., at time of argument, was on the brief for appellee. Messrs. Charles M. Irelan, U. S. Atty., and William R. Glendon, Asst. U. S. Atty., Washington, D. C., at time brief was filed, were also on the brief for appellee. Messrs. Joseph M. Howard and William E. Kirk, Jr., Asst. U. S. Attys., Washington, D. C., at time record was filed, entered appearances for appellee. Messrs. Leo A. Rover, U. S. Atty., Washington, D. C., also entered an appearance for appellee. Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at time of argument, also entered an appearance for appellee.

Before CLARK, PROCTOR and BAZELON, Circuit Judges.


BAZELON, Circuit Judge.

Appellant sued to have his removal from the classified Civil Service declared illegal and for reinstatement therein. He charged that his removal pursuant to 5 U.S.C.A. § 652(a)1 "for such cause as will promote the efficiency of such service" was effected (1) through fraud, bad faith and collusion of certain disciplining officials, and (2) in violation of the "performance...

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