SMYTH v. UNITED STATES CIVIL SERVICE COMMISSION

No. 65-C-333.

286 F.Supp. 312 (1968)

James P. SMYTH and Sheboygan County, Petitioners, v. UNITED STATES CIVIL SERVICE COMMISSION, Respondent.

United States District Court E. D. Wisconsin.

June 19, 1968.


Attorney(s) appearing for the Case

Alexander Hopp, Corp. Counsel, Sheboygan, Wis., for petitioners.

Robert J. Lerner, Asst. U. S. Atty., Milwaukee, Wis., for respondent.


DECISION ON MOTION

MYRON L. GORDON, District Judge.

Charged with a Hatch Act violation, Mr. Smyth seeks to have the case remanded to the U. S. Civil Service commission for the taking of additional testimony under 5 U.S.C. § 118k(c). The petitioners claim that the Commission erred in its conclusion as to the nature of Mr. Smyth's "principal employment". At the Commission hearings, Mr. Smyth declined to identify the food brokerage organization for whom...

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