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HOFFMAN v. BRUCKER

No. 13544.

244 F.2d 780 (1957)

Thomas G. HOFFMAN, Appellant, v. Wilber M. BRUCKER, Secretary of the Army, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 23, 1957.

Attorney(s) appearing for the Case

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

Mr. Peter H. Schiff, Atty., Dept. of Justice, Washington, D. C., for appellees.

Asst. Atty. Gen. George C. Doub, and Messrs. Oliver Gasch, U. S. Atty., Paul A. Sweeney, and Morton Hollander, Attys., Dept. 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 FAHY, Circuit Judges.

PER CURIAM.

Appellant, a veterans preference eligible, held an indefinite civil service appointment in the Springfield Ordnance District. His position was abolished, thus causing his reduction in force. He contends that within the meaning of section 12 of the Veterans' Preference Act of 1944, 58 Stat. 390, as amended, 5 U.S. C.A. § 8611 he was a "competing employee" with non-veterans holding positions in lower grades and that he should...

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