HAINE v. GOOGE


248 F.Supp. 349 (1965)

Sadie HAINE, Plaintiff, v. James GOOGE, Director of the Second United States Civil Service Region of the United States Civil Service Commission, and John W. Macy, L. J. Andolsek and Robert E. Hampton, Commissioners of the United States Civil Service Commission, Defendants.

United States District Court S. D. New York.

December 14, 1965.


Attorney(s) appearing for the Case

Elmer Fried, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, New York City, for United States, John R. Horan, Asst. U. S. Atty., of counsel.


WEINFELD, District Judge.

The defendants, members of the United States Civil Service Commission and the Director of the Second Civil Service Region, move for summary judgment in this action by plaintiff for a writ of mandamus to compel them to entertain her appeal from a decision which in effect terminated her employment. They have refused to hear the appeal on the ground that plaintiff voluntarily separated herself from government service and consequently is not...

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