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ROSSELL v. RESOR

No. 208, Docket 35154.

435 F.2d 865 (1970)

Roy J. ROSSELL and Jerry G. DiBello, Appellants, v. Stanley RESOR, as Secretary of the Army; John W. Macy, Jr., Chairman; L. S. Andolsek, Vice-Chairman; and Robert E. Hampton, Commissioner, constituting the United States Civil Service Commission, Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1970.

Attorney(s) appearing for the Case

Samuel Resnicoff (Resnicoff & Kramer, New York City, on the brief), for appellants.

Richard C. Antonacci, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E. D. N. Y., on the brief), for appellees.

Before SMITH and HAYS, Circuit Judges, and LEVET, District Judge.

HAYS, Circuit Judge:

Both appellants in this case are career employees occupying competitive civil service positions with the Army Pictorial Center, Department of the Army, at Long Island City, New York. Both appellants received notices on November 20, 1964, entitled "Furlough Not to Exceed One Year Under Reduction in Force Procedures," informing them that, effective January 19, 1965, they were being placed on furlough status. On the same date, they received an "Offer...

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