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HARGETT v. SUMMERFIELD

No. 13169.

243 F.2d 29 (1957)

Newell M. HARGETT, Appellant, v. Arthur E. SUMMERFIELD et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1957.

Attorney(s) appearing for the Case

Mr. John R. Foley, Washington, D. C., for appellant.

Mr. Milton Eisenberg, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Asst. U. S. Atty., and Robert L. Toomey, Asst. U. S. Atty., at the time brief was filed, were on the brief, for appellees. Mr. Leo A. Rover, U. S. Atty., at the time record was filed, and Mr. Frank H. Strickler, Asst. U. S. Atty. at the time record was filed, also entered appearances for appellees.

Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant filed suit in the United States District Court asking that appellees be enjoined from removing him from his position as postmaster of the first class at Maysville, Kentucky, and that the removal action and decision against him be declared unlawful and void.

Letters of charges were filed by the Post Office Department against appellant, who is a Veterans' Preference eligible. To these charges he made a timely reply and, thereafter...

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