BRUCHHAUSEN, District Judge.
The parties to this action move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
The plaintiff instituted this action, pursuant to 28 U.S.C. § 1361 in the nature of mandamus, in that this is an action under the Veterans' Preference Act, 5 U.S.C. § 863, and the Administrative Procedure Act, 5 U.S.C. § 1009, to review his discharge as Postmaster at Central Islip, New York. It is conceded...
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