KELLY v. HERAK

Civ. No. 2573.

252 F.Supp. 289 (1966)

Francis D. KELLY, Plaintiff, v. J. Viola HERAK, James Wood, Jr., and Lloyd Barnard, in their official capacity as the members of the Montana Agricultural Stabilization and Conservation State Committee, and the United States Department of Agriculture, Defendants.

United States District Court D. Montana, Havre-Glasgow Division.

March 29, 1966.


Attorney(s) appearing for the Case

Habedank, Cumming & Best, Sidney, Mont., for plaintiff.

Moody Brickett, U. S. Atty., and Robert T. O'Leary, Asst. U. S. Atty., Butte, Mont., for defendants.


JAMESON, Chief Judge.

Plaintiff was office manager of the McCone County ASCS Office until his suspension on November 19, 1964, by the Montana State ASCS Committee, the defendants Herak, Wood and Barnard. Appeals to the State Committee and the Deputy Administrator, Agriculture Stabilization and Conservation Service, Washington, D. C., were denied. Thereupon plaintiff instituted this action for reinstatement and back pay. Both sides have moved for summary judgment....

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