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ANSELMO v. AILES

No. 372, Docket 29428.

344 F.2d 607 (1965)

Anthony J. ANSELMO et al., Appellants, v. Stephen AILES, Secretary of the Army, Department of the Army, and the United States Civil Service Commission, Appellees.

United States Court of Appeals Second Circuit.

Decided April 19, 1965.

Attorney(s) appearing for the Case

Samuel Resnicoff, New York City, for appellants.

David L. Rose, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Morton Hollander and Florence Wagman Roisman, Dept. of Justice, Washington, D. C. and Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, on the brief), for appellees.

Before SMITH and MARSHALL, Circuit Judges, and DOOLING, District Judge.

SMITH, Circuit Judge:

On April 5, 1962, each of the appellants was suspended from his technician position with the New York Army National Guard without pay. On April 26, 1962, they were notified of a hearing, which was held at a Guard Armory in Brooklyn on April 29, 1962. They subsequently were separated from their technician positions by the commanding officer of 1st Missile Battalion, 244th Artillery, New York Army National Guard. They were advised orally of their...

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