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STUDEMEYER v. MACY

No. 17464.

320 F.2d 797 (1963)

Clarence STUDEMEYER, Appellant, v. John W. MACY, Jr., Chairman, U. S. Civil Service Commission, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 5, 1963.

Attorney(s) appearing for the Case

Mr. Claude L. Dawson, Washington, D. C., with whom Mr. Donald M. Murtha, Washington, D. C., was on the brief, for appellant.

Mr. Barry I. Fredericks, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Robert B. Norris, Asst. U. S. Attys., were on the brief, for appellees.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

Insofar as this case presents issues in common with those decided in Studemeyer v. Macy, 116 U.S.App.D.C. ____, 321 F.2d 386, it is controlled by the decision in that case. In view, however, of the additional question raised in the instant appeal separate consideration is warranted and has led us to obtain supplementary memoranda from the parties in light of the Supreme Court...

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