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RACANELLI v. UNITED FEDERATION OF POSTAL CLERKS

No. 71-1081.

456 F.2d 94 (1972)

Joseph RACANELLI, Appellant, v. UNITED FEDERATION OF POSTAL CLERKS (Plaintiff Intervenor), v. Joseph A. BENUCCI, Postmaster at Newark, N. J., et al.

United States Court of Appeals, Third Circuit.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Edward A. Cohen, Newark, N. J. (Beckerman, Franzblau & Cohen, Newark, N. J., on the brief), for appellant.

Judith S. Feigin, U.S. Department of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., Herbert J. Stern, U.S. Atty., Robert V. Zener, John F. Dienelt, Attys., Department of Justice, Washington, D.C., on the brief), for appellees.

Zachary Schneider, Newark, N. J. (Donald M. Murtha, Washington, D.C., on the brief), for United Federation of Postal Clerks.

Before HASTIE and MAX ROSENN, Circuit Judges, and McCUNE, District Judge.

OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Jersey granting summary judgment. The district court held that appellant's dismissal from employment as a postal clerk in the United States Post Office at Newark, New Jersey, was in substantial compliance with the proper procedural requirements, and was supported by substantial evidence. Appellant argues that several...

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