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WAGNER v. HIGLEY

No. 12910.

235 F.2d 518 (1956)

Martin WAGNER, Appellant, v. Harvey V. HIGLEY, individually and as Administrator of Veterans Affairs, and Philip Young, Frederick Lawton and George M. Moore, individually and as Commissioners of the United States Civil Service Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 17, 1956.

Attorney(s) appearing for the Case

Mr. Murray Gordon, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. O. John Rogge, New York City, was on the brief, for appellant. Mr. Josiah Lyman, Washington, D. C., also entered an appearance for appellant.

Mr. Lester S. Jayson, Attorney, Department of Justice, with whom Mr. Leo A. Rover, U. S. Atty. at the time the record was filed, and Mr. Paul A. Sweeney, Attorney, Department of Justice, were on the brief, for appellees.

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

PRETTYMAN, Circuit Judge.

Appellant Wagner was a veteran's preference eligible employed in the New York Regional Office of the Veterans Administration as one of four Supervisory Claims Examiners. This position was classified in Grade GS-8, and Wagner's duty was to supervise the work of nine Claims Examiners. As a result of the reorganization discussed by this court in Cutting v. Higley,1 the position...

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