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CARTER v. UNITED STATES

No. 20694.

407 F.2d 1238 (1968)

Thomas Henry CARTER, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 26, 1968.

Petition for Rehearing Denied December 13, 1968.

Attorney(s) appearing for the Case

Mr. Richard M. Millman, Washington, D. C., with whom Miss Mary M. Burnett, Washington, D. C., was on the brief, for appellant.

Mr. Thomas Lumbard, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joseph M. Hannon, Asst. U. S. Attys., were on the brief, for appellees.

Messrs. Ralph J. Temple and Lawrence Speiser, Washington, D. C., filed a brief on behalf of The National Capital Area Civil Liberties Union and the American Civil Liberties Union as amici curiae urging reversal.

Before DANAHER, LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant Carter brought an action asserting that his discharge from Government service deprived him of statutory and constitutional rights. He appeals to this court on the ground that the District Court erred when it granted judgment in favor of the Government without a trial.

The facts shown on the record before us are these. Carter was hired by the Federal Bureau of Investigation (FBI) in 1960 as a clerk in its identification division...

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