UNITED STATES v. HAYES

No. 9099.

325 F.2d 307 (1963)

UNITED STATES of America, Appellant, v. Joan D. HAYES, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1963.


Attorney(s) appearing for the Case

Peter Edelman, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., and Sherman L. Cohn and David J. McCarthy, Jr., Attys., Dept. of Justice, on the brief), for appellant.

Eli S. Chovitz, Norfolk, Va. (Steingold, Steingold & Chovitz, Norfolk, Va., on the brief), for appellee.

Before BOREMAN, BRYAN and BELL, Circuit Judges.


PER CURIAM.

We must disagree with the holding of the District Court that the Comptroller General's designation of one of his employees to certify copies of records in the General Accounting Office is invalid because not published in the Federal Register. The publication was not required by § 3(a) of the Administrative Procedure Act, 5 U.S.C. § 1002(a),1 the basis of the decision below, but was excepted therefrom by its own terms...

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