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CUTTING v. HIGLEY

No. 12898.

235 F.2d 515 (1956)

Frederick J. CUTTING et al., Appellants, v. Harvey V. HIGLEY, Administrator of Veterans' Affairs, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 17, 1956.

Certiorari Denied October 22, 1956.

Attorney(s) appearing for the Case

Mr. Claude L. Dawson, Washington, D. C., for appellants.

Mr. Robert S. Green, Atty., Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Leo A. Rover, U. S. Atty. at the time the brief was filed, and Mr. Paul A. Sweeney, Atty., Department of Justice, were on the brief, for appellees. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN and DANAHER, Circuit Judges.

Certiorari Denied October 22, 1956. See 77 S.Ct. 99.

PRETTYMAN, Circuit Judge.

Appellants were veterans' preference eligibles employed in the Regional Office of the Veterans Administration in New York. They were Claims Examiners in Grade GS-7, and their duties consisted of registering veterans for courses in educational institutions. Their positions were "desk jobs" requiring no work in the field.

In 1952 Congress passed an act1<...

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