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FITZGERALD v. HAMPTON

No. 71-1771.

467 F.2d 755 (1972)

A. Ernest FITZGERALD et al. v. Robert E. HAMPTON, Chairman of United States Civil Service Commission, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 15, 1972.

Stay Granted December 11, 1972.

Attorney(s) appearing for the Case

Mr. Walter H. Fleischer, Atty., Dept. of Justice, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen. at the time the brief was filed, Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and William Kanter, Atty., Dept. of Justice, were on the brief, for appellants.

Mr. John Bodner, Jr., Washington, D. C., with whom Mr. William L. Sollee, Washington D. C., was on the brief, for appellees.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.

Stay Granted December 11, 1972. See 93 S.Ct. 549.

MATTHEWS, Senior District Judge:

An action was brought in the District Court by A. Ernest Fitzgerald against Robert E. Hampton, Chairman of the United States Civil Service Commission, and Herman D. Staiman, Chief, Appeals Examining Office, United States Civil Service Commission, and the hearing examiner in an appeal before the Commission of plaintiff Fitzgerald. This is an appeal by defendants from an order...

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