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CERRANO v. FLEISHMAN

No. 63-C-795.

225 F.Supp. 761 (1964)

Louis F. CERRANO, Plaintiff, v. Lawrence FLEISHMAN, as Supervising Customs Agent, Region 1, Bureau of Customs, United States Treasury Department, John W. Macy, Jr., as Chairman and L. J. Andolsek and Robert E. Hampton, as Commissioners, constituting the United States Civil Service Commission, Defendants.

United States District Court E. D. New York.

January 15, 1964.

Attorney(s) appearing for the Case

Morris Weissberg, New York City, for plaintiff.

Joseph P. Hoey, U. S. Atty., E. D. New York, for defendants; Vincent T. McCarthy, Chief Asst. U. S. Atty., of counsel.

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 to review and annul the determination of the United States Civil Service Commission, retiring the plaintiff from his position in the Customs Service. The complaint in substance alleges that the plaintiff is an honorably...

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