PENCE v. TOBRINER

No. 19136.

349 F.2d 717 (1965)

Andrew R. PENCE, Appellant, v. Walter N. TOBRINER et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 15, 1965.

Petition for Rehearing Denied September 8, 1965.


Attorney(s) appearing for the Case

Mr. John I. Heise, Jr., Washington, D. C., for appellant.

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

Miss Carol Garfiel, Asst. U. S. Atty., for appellee Macy and certain other appellees. Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Arnold T. Aikens, Asst. U. S. Attys., and Martin R. Hoffmann, Asst. U. S. Atty., at the time the brief was filed, were on the brief. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee Macy, and certain other appellees.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.


PER CURIAM.

In 1953 appellant left the competitive civil service of the Federal Government to take a position in the District of Columbia Government, and later that year accepted two additional transfers to positions in the Department of Public Health, both entailing promotions. He thus arrived in the excepted rather than competitive service, and that limits his rights.

On February 6, 1958, he was informed by the District Government that because of an internal...

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