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FOLSOM v. WEBER

No. 12617.

228 F.2d 457 (1955)

Marion B. FOLSOM, Secretary of Health, Education and Welfare, et al., Appellants, v. George R. WEBER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1955.

Attorney(s) appearing for the Case

Mr. Julian H. Singman, Attorney, Dept. of Justice, with whom Messrs. Leo A. Rover, U. S. Atty., and Samuel D. Slade, Attorney, Dept. of Justice, were on the brief, for appellants. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellants.

Mr. Murdaugh Stuart Madden, Washington, D. C., for appellee.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from the order and judgment of the District Court granting appellee's motion for summary judgment and denying appellant's cross-motion for summary judgment in an action for injunctive and declaratory relief seeking reinstatement in federal employment.

On August 15, 1947, appellee was appointed by the President and confirmed by the United States Senate as a commissioned officer in the Regular Corps of the Public Health...

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