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MARCUS v. UNITED STATES

No. 126-72.

473 F.2d 896 (1973)

Marvin MARCUS v. The UNITED STATES.

United States Court of Claims,

February 16, 1973.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa., attorney of record for plaintiff.

Mark R. Wiener, Washington, D. C., with whom was Asst. Atty. Gen., Harlington Wood, Jr., for defendant.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

NICHOLS, Judge:

Plaintiff is suing for pay allegedly due him as the result of an illegal discharge from a position as a Social Insurance Representative at the Department of Health, Education, and Welfare (HEW). The basis of plaintiff's claim is that he was denied the procedural safeguards guaranteed him by the Veterans' Preference Act of 1944. The present codification of that Act, 5 U.S.C. §§ 7511-12 (1970), states in pertinent part:

* * * "preference...

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