McGHEE v. JOHNSON

No. 165-69.

420 F.2d 445 (1969)

Donald A. McGHEE, Appellant, v. James E. JOHNSON, L. J. Andolsek, Robert E. Hampton and Winton J. Blount,, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 29, 1970.


Attorney(s) appearing for the Case

Jack N. Ferguson, El Paso, Tex., for appellant.

Ronald R. Glancz, Dept. of Justice, Wash., D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Robert V. Zener, Dept. of Justice, Washington, D. C., were with him on the brief) for appellees.

Before MURRAH, Chief Judge, and LEWIS and HOLLOWAY, Circuit Judges.


LEWIS, Circuit Judge.

Appellant McGhee contests the entry of summary judgment for defendant-appellees against his motion by the United States District Court for the District of New Mexico whereby the court upheld his 1966 removal as Postmaster of the Lordsburg, New Mexico Post Office. McGhee, a veterans-preference eligible, brought this action against the United States Civil Service Commissioners and Postmaster General for judicial review of his discharge, 5 U.S.C...

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