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LODGE 1858, AMERICAN FEDERATION OF GOV. EMP. v. PAINE

No. 22006.

436 F.2d 882 (1970)

LODGE 1858, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, et al., Appellants, v. Thomas O. PAINE, Administrator, National Aeronautics and Space Administration, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1970.

Attorney(s) appearing for the Case

Mr. Edward L. Merrigan, Washington, D. C., for appellants.

Mr. Ralph A. Fine, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., and Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for governmental appellees.

Mr. Paul A. Porter, Washington, D. C., for appellee, National Council of Technical Service Industries.

Before BURGER, TAMM and ROBINSON, Circuit Judges.

PER CURIAM:

Judge Tamm and Judge Robinson file separate opinions. Judge Tamm concurs in the result reached by Judge Robinson in his opinion. The judgment appealed from is vacated, and the case is remanded to the District Court for further proceedings.

So ordered.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This appeal follows upon the District Court's dismissal of an action challenging demotions and discharges of civil service employees integrally...

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