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EMBREY v. HAMPTON

No. 71-2073.

470 F.2d 146 (1972)

Edwin W. EMBREY, Appellant, v. Robert E. HAMPTON, Chairman, United States Civil Service Commission and Winton M. Blount, Postmaster General, United States Post Office, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1972.

Rehearing Denied July 31, 1972.

Attorney(s) appearing for the Case

A. Andrew Giangreco, Alexandria, Va. (Giangreco, Seay & Manuel, Alexandria, Va., on brief), for appellant.

Stanton R. Koppel, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, and Brian P. Gettings, U. S. Atty., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and RUSSELL and FIELD, Circuit Judges.

PER CURIAM:

This appeal is from the decision of the District Court that Embrey's discharge from his position with the Post Office Department was lawful and not arbitrary, capricious nor an abuse of discretion.

Embrey, who had an exemplary record in his four years with the Navy and 21 years with the Post Office, was discharged because of a conviction for fraud. In an application for an F.H.A. loan at a time when his...

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