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CERRANO v. FLEISHMAN

No. 73, Docket 28833.

339 F.2d 929 (1964)

Louis F. CERRANO, Plaintiff-Appellant, v. Lawrence FLEISHMAN, as Supervising Customs Agent, Region 1, Bureau of Customs, United States Treasury Department, John W. Macy, Jr., as Chairman, and A. J. Andolsek and Robert E. Hampton as Commissioners constituting the United States Civil Service Commission, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided December 28, 1964.

Attorney(s) appearing for the Case

Louis F. Cerrano, pro se.

Edward Berlin, Department of Justice, Washigton, D. C. (John W. Douglas, Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., Eastern District of New York, Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendants-respondents.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM.

On October 2, 1962, the Bureau of Customs filed with the Civil Service Commission an application for the involuntary retirement of the appellant, Louis F. Cerrano, because of his disability. This action was taken pursuant to the provisions of the statute, 41 Stat. 614, as amended, 5 U.S.C. § 2257(a), the pertinent portion of which is as follows:

"Any employee who completes five years of civilian service and who is found by the Commission...

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