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GERSTEN v. UNITED STATES

No. 104-60.

364 F.2d 850 (1966)

Pearle Henrietta GERSTEN, Executor of the Estate of William F. Oberkoetter, v. The UNITED STATES.

United States Court of Claims.

July 15, 1966.

Attorney(s) appearing for the Case

John I. Heise, Jr., Washington, D. C., attorney of record, for plaintiff; William S. Tyson, Washington, D. C., of counsel.

Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

OPINION

DAVIS, Judge.

William F. Oberkoetter, the plaintiff's decedent,1 was separated in 1954, as a result of a reduction in force, from his civilian position as an auditor with the Chicago Ordnance District. The claim is that this separation was improper because, first, it stemmed directly from a previous illegal demotion and reassignment, and, second, the employee was not given the true reason for the reduction in force. The...

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