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ELLSWORTH v. MAHER

No. 14281.

257 F.2d 221 (1958)

Harris ELLSWORTH, Chairman Civil Service Commission, et al., Appellants, v. Edgar V. MAHER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1958.

Certiorari Denied October 13, 1958.

Attorney(s) appearing for the Case

Mr. Donald L. Young, Atty., Dept. of Justice, of the bar of the Supreme Court of Wyoming, pro hac vice, by special leave of Court, with whom Messrs. Oliver Gasch, U. S. Atty., and Paul A. Sweeney, Atty., Dept. of Justice, were on the brief, for appellants. Messrs. Lewis Carroll, Harold D. Rhynedance, Jr., Asst. U. S. Attys., Samuel D. Slade and Morton Hollander, Attys., Dept. of Justice, also entered appearances for appellants.

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

Before EDGERTON, Chief Judge, and FAHY and BASTIAN, Circuit Judges.

Certiorari Denied October 13, 1958. See 79 S.Ct. 62.

PER CURIAM.

The plaintiff Maher, a veterans' preference eligible employed by the Veterans Administration, was reduced in grade because of a reduction in force. The question is whether one Friedman, who was retained in the plaintiff's former grade, was entitled to veterans' preference. If he was not, he should have been demoted instead of the plaintiff.

Friedman was drafted and sent to camp July 17...

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