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ZUCKERT v. PETERSON

No. 17560.

321 F.2d 748 (1963)

Eugene M. ZUCKERT, Secretary of the Air Force, Appellant, v. Raymond H. PETERSON, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1963.

Attorney(s) appearing for the Case

Miss Barbara Deutsch, Attorney, Department of Justice, of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David C. Acheson, U. S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, Washington, D. C., were on the brief, for appellant.

Mr. Samuel C. Klein, Washington, D. C., for appellee.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.

PER CURIAM.

Appellee [plaintiff] in this action seeks restoration to his former GS-9 position in the Department of the Air Force. Having been given notice of intention to remove him from his position for performance deficiencies, he duly filed a written reply. After being notified of the final decision to remove him, he requested review through the Air Force Grievance Procedure, which was granted. Thereafter, he was notified that removal was warranted, but that, due...

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