FLETCHER v. UNITED STATES

No. 386-65.

392 F.2d 266 (1968)

John A. FLETCHER, Jr. v. The UNITED STATES.

United States Court of Claims.

March 15, 1968.


Attorney(s) appearing for the Case

John P. Witsil, Washington, D. C., attorney of record, for plaintiff.

Manfred J. Schmidt, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

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


ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This suit for back pay calls on us once again to review the legality of a federal employee's separation from the service for alleged misconduct. It is before us on cross-motions for summary judgment. We hold that the employing agency has not followed its own regulations and therefore the removal was illegal and plaintiff must prevail.

Plaintiff, a veterans preference...

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