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DeLONG v. HAMPTON

No. 17785.

422 F.2d 21 (1970)

David G. DeLONG, Appellant, v. Robert E. HAMPTON, Commissioner, U. S. Civil Service Commission, John W. Macey, Jr., Chairman, Office of Commissioners, U. S. Civil Service Commission, Stewart L. Udall, Secretary of the Interior, and United States of America.

United States Court of Appeals Third Circuit.

Decided January 20, 1970.

As Amended and Rehearing Denied February 18, 1970.

Attorney(s) appearing for the Case

Gerald A. Gleeson, Jr., Montgomery, McCracken, Walker, & Rhoads, Philadelphia, Pa., (Frank S. Deming, Sheldon S. Toll, Philadelphia, Pa., on the brief), for appellant.

Robert V. Zener, Dept. of Justice — Civil Division, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Louis C. Bechtle, U. S. Atty., J. F. Bishop, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before STALEY, SEITZ and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from an order of the district court granting defendants' motion for summary judgment in an action seeking review of a determination by the United States Civil Service Commission that plaintiff was properly dismissed from federal employment.

At the time of his removal on September 2, 1966, plaintiff was an employee of the Department of the Interior, Bureau of Outdoor Recreation, Philadelphia...

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