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EUSTACE v. DAY

No. 16780.

314 F.2d 247 (1962)

Conrad C. EUSTACE, Appellant, v. J. Edward DAY, Postmaster General et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1962.

Attorney(s) appearing for the Case

Mr. Sidney Dickstein, Washington, D. C., with whom Mr. David I. Shapiro, Washington, D. C., was on the brief, for appellant.

Mr. Barry Sidman, Asst. U. S. Atty., for appellees. Mr. David C. Acheson, U. S. Atty., Mrs. Ellen Lee Park, Asst. U. S. Atty., and Messrs. Nathan J. Paulson and Abbott A. Leban, Asst. U. S. Attys., at the time the brief was filed, were on the brief for appellees. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellees.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

PER CURIAM.

This is an appeal from a final order of the District Court granting summary judgment and denying the relief sought. Appellant is a discharged Government employee entitled to the benefits of the Veterans' Preference Act of 1944, as amended, 5 U.S.C. §§ 851-869 (1958). He sought a declaratory judgment to invalidate his discharge, and an order for reinstatement to the postal service.

In our view, the record in this case shows that the conclusion...

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