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McCLELLAN v. PHINNEY

No. 21218.

331 F.2d 307 (1964)

Laura A. McCLELLAN, Appellant, v. R. L. PHINNEY, District Director of Internal Revenue, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1964.

Attorney(s) appearing for the Case

William F. Billings, Fanning, Billings, Harper, Pierce & Gilley, Dallas, Tex., for appellant.

Lawrence R. Schneider, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., William O. Murray, Jr., First Asst. U. S. Atty., San Antonio, Tex., John W. Douglas, Asst. Atty. Gen., Ernest Morgan, U. S. Atty., Dept. of Justice, Washington, D. C., for appellees.

Before HUTCHESON, PRETTYMAN and JONES, Circuit Judges.

PER CURIAM.

Laura A. McClellan was removed from her position in the Internal Revenue Service as an officer-intern. She brought this suit in the District Court attacking her removal as illegal and seeking reinstatement with back pay. The court found that the removal was "in accordance with the applicable law and regulations, and that all applicable procedural requirements were met in effecting her discharge." She had availed herself of

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