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INDIVIGLIO v. UNITED STATES

No. 428-60.

299 F.2d 266 (1962)

Salvatore J. INDIVIGLIO v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied May 9, 1962.

Attorney(s) appearing for the Case

Thomas A. Ziebarth, Washington, D. C., for plaintiff. Samuel Resnicoff, New York City and Shipley, Akerman & Pickett, Washington, D. C., on the brief.

Edwin J. Reis, Washington, D. C., with whom was William H. Orrick, Jr., Asst. Atty. Gen., for defendant

LARAMORE, Judge.

This is an action by plaintiff to recover damages from defendant for an alleged wrongful separation from his employment in the Federal Housing Administration. The Federal Housing Administration stated it was separating plaintiff to promote the efficiency of the service.

The case arises on cross-motions for summary judgment and presents these questions: Has plaintiff failed to exhaust his administrative remedies; may plaintiff, a nonveteran...

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