COMINSKY v. RICE

Civ. A. No. 33877.

233 F.Supp. 190 (1964)

Jacob COMINSKY v. J. E. RICE, Captain, U.S.N., Individually and as Commander of the Philadelphia Naval Shipyard, J. T. Reed, Captain, U.S.N., Individually and as Chief Production Officer of the Philadelphia Naval Shipyard, Charles Proud, Civilian Employee of the Federal Government, Individually and as Chief Civilian Industrial Relations Officer, Philadelphia Naval Shipyard, Edward Mancusco, Civilian Employee of the Federal Government, Individually and as Head of Employment Division of the Philadelphia Naval Shipyard, Thomas O. Maginnis, Civilian Employee of the Federal Government Individually and as Master Shipfitter of Number 11 and 26 Shops, Philadelphia Naval Shipyard, John Devlin, Civilian Employee of the Federal Government, Individually and as Chief Quarterman Welder of Number 26 Shop, Philadelphia Naval Shipyard, Howard G. Mayer, Civilian Employee of the Federal Government, Individually and as Foreman of Number 26 Shop, Philadelphia Naval Shipyard, and Cyrus M. Suter, Civilian Employee of the Federal Government, Individually and as Chief Quarterman Welder of Number 26 Shop, Philadelphia Naval Shipyard.

United States District Court E. D. Pennsylvania.

July 9, 1964.


Attorney(s) appearing for the Case

Peter A. Galante, Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., for defendants.


HIGGINBOTHAM, District Judge.

This is an action for declaratory judgment and mandatory injunction by plaintiff, Jacob Cominsky, an employee of the Philadelphia Naval Shipyard, who claims that he was improperly passed over for promotion to the position of Leadingman Welder at the Naval Shipyard. Plaintiff has exhausted the applicable grievance procedures and has appealed unsuccessfully to the Civil Service Commission. The government does not question that the case...

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