RODRIGUEZ v. SEAMANS

No. 24599.

463 F.2d 837 (1972)

Robert A. RODRIGUEZ, Appellant, v. Dr. Robert C. SEAMANS, Jr., Secretary of the Air Force, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 1972.


Attorney(s) appearing for the Case

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

Mr. Richard S. Stolker, Atty., Dept. of Justice, with whom Mr. Robert L. Keuch, Atty., Dept. of Justice, was on the brief, for appellees.

Before WRIGHT and TAMM, Circuit Judges, and FRANK M. JOHNSON, Jr., Chief Judge, U. S. District Court for the Middle District of Alabama.


TAMM, Circuit Judge:

In this appeal we are asked to determine whether the Government has the power to discharge a Veterans' Preference Act employee who gave false answers to certain questions on federal employment forms with reference to membership in either the Communist Party or other Communist-affiliated organizations. We have had a great deal of litigation involving both freedom of association and loyalty oaths in recent years. Of course, we note that there is...

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