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DUNCAN v. SUMMERFIELD

No. 13867.

251 F.2d 896 (1957)

Johnnie C. DUNCAN, Appellant, v. Arthur E. SUMMERFIELD, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 31, 1957.

Attorney(s) appearing for the Case

Mr. Byron N. Scott, Washington, D. C., for appellant.

Mr. Donald B. MacGuineas, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Daub, Messrs. Oliver Gasch, U. S. Atty., and Paul A. Sweeney and Miss Beatrice M. Rosenhain, Attys., Dept. of Justice, were on the brief, for appellee.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.

EDGERTON, Chief Judge.

Plaintiff Duncan, a veteran's preference eligible with classified civil service status, was employed as a letter carrier in the Washington Post Office. He was dismissed for "security" reasons February 12, 1954 and filed this suit for reinstatement October 24, 1956. The defendant pleaded laches. The District Court granted his motion for summary judgment and the plaintiff appeals.

We think the court erred. Normally a dismissed government...

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