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ELLMORE v. BRUCKER

No. 12855.

236 F.2d 734 (1956)

Winant S. ELLMORE, Appellant, v. Wilber M. BRUCKER, Secretary, Department of Army, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1956.

Petition for Rehearing Denied August 10, 1956.

Attorney(s) appearing for the Case

Mr. Lowry N. Coe, Washington, D. C., with whom Mr. James S. Brocard, Washington, D. C., was on the brief, for appellant.

Mr. Milton Eisenberg, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, Lewis Carroll and Joseph M. F. Ryan, Jr., Asst. U. S. Attys., were on the brief, for appellees. Mr. Oliver Gasch, U. S. Atty., also entered an appearance for appellees.

Before WILBUR K. MILLER, FAHY and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

Appellant sought a declaratory judgment that his involuntary retirement for total disability is invalid, and he asked to be restored to his post, with back pay. The District Court granted appellees' motion to dismiss for failure of the complaint to state a cause of action for which relief may be granted, and this appeal followed.

Appellant claims his involuntary retirement because he was found "totally disabled for useful and efficient...

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