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THOMAS v. UNITED STATES

No. 474-59.

289 F.2d 948 (1961)

Roberta I. THOMAS v. UNITED STATES.

United States Court of Claims.

May 3, 1961.

Attorney(s) appearing for the Case

Gerald B. Greenwald, Washington, D. C., for plaintiff. Blumenthal & Somers, New York City, and Becker & Maguire, Washington, D. C., were on the brief.

Laurence H. Axman, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., San Francisco, Cal., for defendant.

JONES, Chief Judge.

The plaintiff sues for 10 months' back pay for asserted wrongful removal as a civilian employee of the Army performing services as a clerk-stenographer, GS-3, and stationed in Germany.

The essential facts are undisputed.

The plaintiff was employed in 1953. She was in an excepted position under 5 C.F.R. 6.101(h) Schedule A. This regulation provides that any position beyond the continental limits of the United States may be filled...

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