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SMITHERS v. WEEKS

No. 15222.

274 F.2d 589 (1960)

Lawrence E. SMITHERS, Appellant, v. Sinclair WEEKS, Secretary of Commerce, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1960.

Petition for Rehearing Denied February 26, 1960.

Attorney(s) appearing for the Case

Mr. Robert H. McNeill, Washington, D. C., for appellant.

Mr. William W. Greenhelgh, 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 appellees.

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

BURGER, Circuit Judge.

Appellant, a veteran with Civil Service status, employed in the Department of Commerce at grade GS-13, was notified in 1958 that his position was abolished under a reduction in force. With this notice, he was offered re-assignment to an available position at GS-11. The offer of re-assignment was accepted by appellant but he promptly filed an appeal from the reduction in force action, claiming to the Civil Service Commission that he was entitled...

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