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NASH v. INTERSTATE COMMERCE COMMISSION

No. 12370.

225 F.2d 42 (1955)

Simon J. NASH, individually and on behalf of all eligibles and preference eligibles awaiting appointment to Hearing Examiner positions by certification from official registers established by the Civil Service Commission on the basis of its open competitive examination, conducted under Section 11 of the Administrative Procedure Act, Appellant, v. INTERSTATE COMMERCE COMMISSION, and Philip Young, George M. Moore, and Frederick J. Lawton, as Members of the United States Civil Service Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 14, 1955.

Petition for Rehearing Denied September 1, 1955.

Attorney(s) appearing for the Case

Mr. Simon J. Nash, Buffalo, N. Y., appellant pro se.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty., and Miss Catherine B. Kelly, Asst. U. S. Atty., were on the brief for appellees.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing In Banc Denied September 1, 1955.

WASHINGTON, Circuit Judge.

Prior to the decision of the Supreme Court in Riss & Co., Inc., v. United States, 341 U.S. 907, 71 S.Ct. 620, 95 L.Ed. 1345 (April 16, 1951), plaintiff-appellant Nash was employed by the Interstate Commerce Commission as an "Examiner" in Grade GS-9. He held hearings in cases similar to Riss. He was not an examiner appointed pursuant to Section 11 of the Administrative Procedure...

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