SUDDUTH v. MACY

No. 18460.

341 F.2d 413 (1964)

William A. SUDDUTH, Appellant, v. John W. MACY, Jr., et al. and Walter N. Tobriner et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 31, 1964.


Attorney(s) appearing for the Case

Mr. Nicholas J. Chase, Washington, D. C., with whom Messrs. Barnum L. Colton, Jr., and Elmer G. Neumann, Washington, D. C., were on the brief, for appellant.

Mr. David P. Sutton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee Tobriner and others.

Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, John E. Hogan and David Epstein, Asst. U. S. Attys., were on the brief, for appellee Macy and others.

Mr. Max Frescoln, Asst. U. S. Atty., also entered an appearance for appellee Macy and others.

Before FAHY, WASHINGTON and McGOWAN, Circuit Judges.


FAHY, Circuit Judge:

Appellant was an employee of the District of Columbia Government with the status of a veterans preference eligible. He was removed from his position by the Government of the District of Columbia, effective May 14, 1961, on sustained charges that on February 8, 1961, he had been under the influence of alcohol, or "other drugs," while on duty, had refused to leave the work area when ordered by his superior and was arrested by officers of the Police...

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