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DE FINO v. McNAMARA

No. 16006.

287 F.2d 339 (1961)

Frank H. DE FINO, Appellant, v. Robert S. McNAMARA, Secretary of Defense, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Mr. Claude L. Dawson, Washington, D. C., for appellant.

Mr. Arnold T. Aikens, 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, Chief Judge, and BAZELON and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant seeks restoration to his former position as an electrician at an Air Force installation. His discharge from that position was upheld by the Civil Service Commission. It is agreed that the statute authorized his discharge only to "promote the efficiency of the service." Veterans' Preference Act of 1944 § 14, 5 U.S.C.A. § 863.

Appellant contends that a "satisfactory" rating received subsequent to the charged acts of...

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