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JENNINGS v. SMITH

No. 67 Civ. 427.

280 F.Supp. 1022 (1967)

Joseph JENNINGS, Plaintiff, v. Willard J. SMITH, Commandant, United States Coast Guard, Defendant.

United States District Court S. D. New York.

September 18, 1967.

Attorney(s) appearing for the Case

Zwerling & Zwerling, New York City, for plaintiff; Sidney Zwerling, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for S. D. N. Y., Louis E. Greco, Attorney in Charge, Admiralty & Shipping Section, Dept. of Justice, for defendant; Peter Martin Klein, New York City, of counsel.

MEMORANDUM

HERLANDS, District Judge:

This is an action in the nature of mandamus whereby plaintiff seeks to have this Court compel defendant to allow plaintiff to file an appeal. The issue now before the Court is posed by defendant's motion for summary judgment and plaintiff's oral cross-motion for summary judgment.

The question for decision is a narrow one. After a hearing before a Coast Guard Examiner, plaintiff was found guilty of misconduct under...

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