PICCONE v. UNITED STATES

No. 352-62.

407 F.2d 866 (1969)

Albert PICCONE v. The UNITED STATES.

United States Court of Claims.

February 14, 1969.


Attorney(s) appearing for the Case

Peter A. Galante, Philadelphia, Pa., attorney of record, for plaintiff.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant, Alfred H. O. Boudreau, Jr., Washington, D. C., of counsel.

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


OPINION

DAVIS, Judge.*

Plaintiff, a non-veteran, sues to recover back pay from the date he was separated from his civilian position with the Navy at the Philadelphia Naval Shipyard; his removal was on the ground that he was physically unable to perform the duties of his rating and that his separation would therefore promote the efficiency of the service. He presents several grounds for recovery; we find that an important procedural...

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