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HICKS v. DAY

No. 15979.

289 F.2d 787 (1961)

Robert W. HICKS, Appellant, v. J. Edward DAY, Postmaster General of the United States (individually and as Postmaster General of the United States), et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 6, 1961.

Attorney(s) appearing for the Case

Mr. Richard A. Mehler, Washington, D. C., with whom Mr. Charles P. Hovis, Washington, D. C., was on the brief, for appellant.

Mr. Robert E. Powell, Atty., Dept. of Justice, Baltimore, Md., of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. George C. Doub at the time the brief was filed, Messrs. Oliver Gasch, U. S. Atty., and John G. Laughlin, Jr., Atty., Dept. of Justice, were on the brief, for appellees.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This action was brought by plaintiff [appellant] for reinstatement to his position with the United States Post Office, from which he claims he was wrongfully removed. A similar suit filed by plaintiff in 1956 was dismissed by the District Court for failure to substitute indispensable parties and was appealed unsuccessfully to this court. Hicks v. Summerfield, 1958, 104 U.S.App.D.C. 286, 261 F.2d 752. That action...

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