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DONOVAN v. UNITED STATES

No. 23408.

433 F.2d 522 (1970)

Donald E. DONOVAN v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1970.

Petition for Rehearing Denied September 22, 1970.

Attorney(s) appearing for the Case

Mr. Donald L. Horowitz, Atty., Department of Justice, with whom Messrs. Alan S. Rosenthal and Stephen R. Felson, Attys., Department of Justice, and Thomas A. Flannery, U. S. Atty., were on the brief, for appellants. Mr. John A. Terry and Mrs. Ellen Lee Park, Asst. U. S. Attys., also entered appearances for appellants.

Mr. Donald H. Dalton, Washington, D. C., for appellee.

Before WRIGHT and TAMM, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

NICHOLS, Judge:

The plaintiff, Mr. Donovan, sues for back pay and reinstatement. A probationary employee of the Federal Aviation Administration (FAA), he was discharged for alleged incompetence within one year of his first employment. He sought administrative relief unsuccessfully with the Civil Service Commission (CSC), which denied it on the ground that he was not claiming under one of the limited grounds available to probationers. In his ensuing district court...

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