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McNAMARA v. DICK

No. 17216.

323 F.2d 276 (1963)

Robert S. McNAMARA, Secretary of Defense, et al., Appellants, v. Joseph W. DICK et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1963.

Certiorari Denied October 28, 1963.

Attorney(s) appearing for the Case

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 Acting Asst. Atty. Gen. Joseph D. Guilfoyle and Messrs. David C. Acheson, U. S. Atty., and Sherman L. Cohn, Attorney, Department of Justice, were on the brief, for appellants. Mr. Morton Hollander, Attorney, Department of Justice, also entered an appearance for appellants.

Mr. Donald M. Murtha, Washington, D. C., for appellees.

Mr. Warren E. Miller, Washington, D. C., filed a brief on behalf of The National Association of Government Employees, as amicus curiae, urging affirmance.

Messrs. Bertram G. Davis and John S. Mears, Washington, D. C., filed a brief on behalf of the American Legion, as amicus curiae, urging affirmance.

Mr. Elmer G. Neumann, Washington, D. C., filed a brief on behalf of American Federation of Government Employees, as amicus curiae, urging affirmance.

Before WILBUR K. MILLER, FAHY and WASHINGTON, Circuit Judges.

Certiorari Denied October 28, 1963. See 84 S.Ct. 171.

WASHINGTON, Circuit Judge.

This is a civil service case, presenting important issues concerning the interpretation to be given the "transfer of functions" provision of Section 12 of the Veterans Preference Act of 1944, 58 Stat. 390, 5 U.S.C. § 861 (1958). Plaintiffs-appellees, employees of the Department of the Navy rated and described as "Shop Analysts and Schedulers," brought suit in the United States...

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