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KOZAK v. UNITED STATES

No. 376-70.

458 F.2d 39 (1972)

Bohdan KOZAK v. The UNITED STATES.

United States Court of Claims.

April 14, 1972.

Attorney(s) appearing for the Case

Michael Waris, Jr., and Eugene A. Theroux, Washington, D. C., for plaintiff; Baker & McKenzie, Washington, D. C., of counsel.

Thomas E. Thomason, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before DAVIS, Acting Chief Judge, LARAMORE, Senior Judge, COLLINS, SKELTON, NICHOLS, KASHIWA, and KUNZIG, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

Plaintiff, Bohdan Kozak, is a former employee of the Library of Congress who was separated on June 13, 1969, as part of a reduction in force. He claims that the Library failed to enforce his preference retention rights1 (so-called "bumping rights") by which older, more experienced employees whose positions are abolished can displace more junior...

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