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LEVY v. HAYWARD

Nos. 13414, 13648.

248 F.2d 152 (1957)

S. Leon LEVY, Appellant, v. Carlton HAYWARD, Director, Office of Personnel Management, Department of Commerce, and Louis Levine, Appellees. S. Leon LEVY, Appellant, v. W. Ney EVANS and John R. Franklin, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 5, 1957.

Petition for Rehearing Denied October 25, 1957.

Attorney(s) appearing for the Case

Mr. S. Leon Levy, appellant pro se.

Mr. E. Tillman Stirling, Asst. U. S. Atty., for appellees. Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Joseph M. F. Ryan, Jr., and Richard J. Snider, Asst. U. S. Attys., were on the brief for appellees in No. 13,414. Messrs. Donald E. Bilger and Harold D. Rhynedance, Jr., Asst. U. S. Attys., also entered appearances for appellees in No. 13,414.

Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Joseph M. F. Ryan, Jr., Asst. U. S. Attys., were on the brief for appellees in No. 13,648.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

No. 13,414. PER CURIAM.

The District Court dismissed the complaint in this case on the ground that it fails to state a cause of action on which relief could be granted. The complaint, as amended, claims damages from the two defendants named for "deceit and misrepresentation, in pursuance to a long-standing conspiracy" with two others. The overt act alleged is that they, with intent to defraud and cheat plaintiff, gave false...

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