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ZIRIN v. McGINNES

No. 12812.

282 F.2d 113 (1960)

Eleanor ZIRIN, Appellant, v. E. A. McGINNES, District Director of Internal Revenue.

United States Court of Appeals Third Circuit.

Reargued January 4, 1960.

Reargued June 20, 1960.

Decided August 1, 1960.

Attorney(s) appearing for the Case

Leonard Orloff, Philadelphia, Pa., for appellant.

Alan S. Rosenthal, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Amram, Hahn & Sundlun, Washington, D. C., submitted brief as amici curiae.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.

Reargued en Banc June 20, 1960.

STALEY, Circuit Judge

We granted reargument in this case inasmuch as the government presented new and significant material in its petition for rehearing which affects the outcome of this controversy.1

The principal question raised on this appeal is whether the District Director of Internal Revenue had authority to discharge an employee of the department.

Appellant, Eleanor Zirin,...

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