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O'BRIEN v. HARRINGTON

No. 12298.

233 F.2d 17 (1956)

Walter F. O'BRIEN, Appellant, v. Russell C. HARRINGTON, Commissioner of Internal Revenue, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 12, 1956.

Attorney(s) appearing for the Case

Mr. Edwin J. McDermott, of the bar of the Supreme Court of Pennsylvania, Philadelphia, Pa., pro hac vice, by special leave of Court, with whom Mr. J. Barry Cormany, Washington, D. C., was on the brief, for appellant.

Mr. Paul A. Sweeney, Atty., Dept. of Justice, with whom Messrs. Leo A. Rover, U. S. Atty., Carl W. Belcher, Asst. U. S. Atty., and John J. Cound, Atty., Dept. of Justice, were on the brief, for appellee.

Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

PER CURIAM.

The appellant, Walter F. O'Brien, filed this action against the Commissioner of Internal Revenue, seeking a declaration that he had been improperly removed from his former position of Deputy Collector of Internal Revenue at Philadelphia, and an order directing the Commissioner to reinstate him. The defendant, now the appellee, moved to dismiss for failure to state a claim upon which relief could be granted and, in the alternative, for summary judgment...

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