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OGDEN v. DEPARTMENT OF TRANSPORTATION

Misc. No. 1012.

430 F.2d 660 (1970)

John OGDEN et al., Plaintiffs, v. The DEPARTMENT OF TRANSPORTATION of the United States, specifically the Federal Aviation Administration and George Niles, Facility Chief, Detroit Metropolitan Airport, Defendants.

United States Court of Appeals, Sixth Circuit.

July 27, 1970.

Attorney(s) appearing for the Case

Richard F. Schaden, Schaden & Peplowski, Detroit, Mich., for appellants on brief in support of motion for temporary injunction.

William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., for appellees on application in opposition for stay.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

ORDER

This cause is before the Court on the Motion of John Ogden, Richard Ternes, Kenneth Poorman, and George Bell, four air traffic controllers, for a stay pending appeal of a dismissal of their complaint alleging wrongful discharge, by the United States District Court for the Eastern District of Michigan, Southern Division. The District Court dismissed their complaint on the ground that they had failed to exhaust their administrative remedies, by appeal either...

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