STAPLETON v. MACY

No. 16683.

304 F.2d 954 (1962)

D. V. STAPLETON, Appellant, v. John W. MACY, Jr., et al., Individually and as Members of the Civil Service Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1962.


Attorney(s) appearing for the Case

Mr. Donald M. Murtha, Washington, D. C., with whom Mr. Herbert S. Thatcher, Washington, D. C., was on the brief, for appellant.

Mr. Edward Berlin, Attorney, Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. William H. Orrick, Jr., Messrs. David C. Acheson, U. S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, were on the brief, for appellees. Mr. Jerry C. Straus also entered an appearance for appellees.

Before BAZELON, WASHINGTON and WRIGHT, Circuit Judges.


PER CURIAM.

The Smith-Hughes Act1 makes federal funds available to states providing vocational education pursuant to a plan prepared by themselves but approved by the Department of Health, Education and Welfare. Appellant was employed by the State of Mississippi in such a program from 1924 to 1928 as a Supervisor and Itinerant Teacher-Trainer of Agriculture. He now claims that those years should be counted as part2

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