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FELDMAN v. HERTER

No. 15174.

276 F.2d 485 (1960)

Horace J. FELDMAN, Appellant v. Christian A. HERTER, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Mr. Hans A. Nathan, Washington, D. C., for appellant.

Mr. Walter J. Bonner, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., and Miss Virginia V. Meekison, Attorney, Department of State, also entered appearances for appellee.

Before EDGERTON, WILBUR K. MILLER, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant Feldman is an honorably discharged veteran entitled to preference in government employment. In 1949 he was serving as Clerk of a United States Military Government Court in Germany. Military Government was liquidated and the Department of the Army discharged Feldman.

The Veteran's Preference Act of 1944 provides: "That when any or all of the functions of any agency are transferred to * * * some other agency * * * all preference...

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