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LEOPOLD v. FITZGERALD

No. 416, Docket 34018.

421 F.2d 838 (1970)

Bertrand LEOPOLD, Plaintiff-Appellant, v. Edward J. FITZGERALD, Jr., as District Director of the Internal Revenue Service (Manhattan District), Harold R. All, as Regional Commissioner of the Internal Revenue Service (North Atlantic Region), John W. Macy, Jr., L. J. Andolsek and Robert E. Hampton, as Chairman, Vice-Chairman and Member, respectively of the United States Civil Service Commission, and Sheldon S. Cohen, as Commissioner of Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 14, 1970.

Attorney(s) appearing for the Case

Arthur E. Arnow, New York City (Michaels & Michaels & Wigdor, Stuart S. Sherman, New York City, of counsel), submitted brief for appellant.

David L. Katsky (Robert M. Morgenthau, U. S. Atty., New York City, Peter R. DeFilippi, New York City, of counsel), submitted brief for appellees.

Before KAUFMAN and FEINBERG, Circuit Judges, and LEVET, District Judge.

PER CURIAM:

Leopold appeals from an order granting summary judgment on Item 1 of his prayer for relief in a declaratory judgment action attacking his dismissal from the Internal Revenue Service. That item sought a declaration that failure to produce Leopold's immediate superior, Church, at a Civil Service Commission hearing, violated Leopold's Fifth Amendment rights of confrontation. Additional items attacked the substantiality...

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