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FINFER v. CAPLIN

No. 67, Docket 28957.

344 F.2d 38 (1965)

Arnold FINFER, Plaintiff-Appellant, v. Mortimer M. CAPLIN, Commissioner of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 26, 1965.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa. (Jasper I. Manning, New York City, on the brief), for plaintiff-appellant.

Lawrence R. Schneider, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Dept. of Justice, Washington, D. C., of counsel; Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, on the brief), for defendant-appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Appellant, Finfer, an Internal Revenue Service officer, was arrested on March 17, 1960, on the charge of accepting a bribe from a taxpayer in violation of 18 U.S.C.A. § 202.1 As a veteran and member of the classified civil service, Finfer was entitled to the procedural safeguards of the Veterans Preference Act, 5 U.S.C.A. § 863, in regard to any proposed adverse...

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