FLOYD v. RESOR

No. 26731. Summary Calendar.

409 F.2d 714 (1969)

Jackson C. FLOYD, Plaintiff-Appellee, v. Stanley R. RESOR, Secretary of the Army, and United States of America, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

February 24, 1969.


Attorney(s) appearing for the Case

Vernol R. Jansen, Jr., U. S. Atty., Mobile, Ala., Edwin L. Weisl, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Ralph A. Fine, Attys., Dept. of Justice, Washington, D. C., for defendants-appellants.

Michael J. Salmon, Mobile, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This appeal involves a single narrow question of law: whether a civilian employee of the Department of the Army, who was wrongfully removed from his position and later ordered reinstated by the District Court, is required to deduct from his back pay his outside earnings from the date of the Court's reinstatement order to the date of his actual restoration to the payroll.1

On the basis of the briefs...

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