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CAPOLINO v. KELLY

No. 231, Docket 29144.

339 F.2d 1023 (1964)

Joseph P. CAPOLINO, Plaintiff-Appellant, v. Joseph P. KELLY, Collector of Customs, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Caponi & Perchik, New York City (Simon Perchik, New York City, of counsel), for plaintiff-appellant.

Robert M. Morgenthau, U. S. Atty., Southern District of New York (Stephen Charnas, Dawnald R. Henderson, Asst. U. S. Attys., of counsel), for defendant-appellee.

Before WATERMAN, MOORE and KAUFMAN, District Judges.

PER CURIAM:

Plaintiff-appellant, a discharged employee of the Bureau of Customs, seeks reversal of order below, United States District Court for the Southern District of New York, Wyatt, J., dismissing appellant's complaint wherein appellant sought a determination that the order discharging him was a nullity, reinstatement in the Customs Service, and other relief.

The order below granting the Collector's motion for summary judgment dismissing appellant's complaint...

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