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JONES v. HOBBY

No. 12407.

223 F.2d 345 (1955)

William H. JONES, Appellant, v. Oveta Culp HOBBY, Secretary of Department of Health, Education, and Welfare, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 26, 1955.

Attorney(s) appearing for the Case

Mr. Noah J. Menard, Washington, D. C., submitted on the brief for appellant.

Mr. Samuel J. L'Hommedieu, Jr., with whom Mr. Leo A. Rover, U. S. Atty., and Mr. Lewis Carroll and Miss Catherine B. Kelly, Asst. U. S. Attys., were on the brief, for appellees. Mr. Harold H. Greene, Asst. U. S. Atty., also entered an appearance for appellees.

Before PRETTYMAN, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

On cross-motion the District Court granted summary judgment in favor of the defendants-appellees, who are the Secretary of Health, Education, and Welfare, and the Superintendent of St. Elizabeths Hospital. Plaintiff-appellant is an employee at the Hospital. He sued to obtain a judgment declaring that he had been unlawfully demoted from the position of Mason CPC-7 to that of Mason (Brickman) CPC-6, and...

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