BORN v. ALLEN

No. 15450.

291 F.2d 345 (1960)

Lester K. BORN, Appellant, v. George V. ALLEN, Director, United States Information Agency, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 28, 1960.

As Amended December 22, 1960.


Attorney(s) appearing for the Case

Mr. Samuel C. Borzilleri, with whom Mr. Joseph G. Weeda, Washington, D. C., was on the brief, for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.


BAZELON, Circuit Judge.

The narrow question in this appeal is whether the Civil Service Commission has authority to order the Director of the United States Information Agency (U.S. I.A.) to re-employ a veteran whose discharge the Commission finds to have been accomplished in violation of the Veterans' Preference Act.

Appellant Born, an honorably discharged ex-serviceman, was continuously employed as a Foreign Service...

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