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AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES v. ACREE

No. 72-1032.

475 F.2d 1289 (1973)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES et al., Appellants, v. Vernon D. ACREE, Commissioner of Customs, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Neal Fine, Washington, D. C., with whom James Neustadt and Raymond J. Malloy, Washington, D. C., were on the brief, for appellants.

Robert E. L. Eaton, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., and John A. Terry and Nathan Dodell, Asst. U. S. Attys., were on the brief, for appellees.

Before TUTTLE, Senior Circuit Judge, and WRIGHT and MacKINNON, Circuit Judges.

PER CURIAM:

This case involves a constitutional challenge to 5 U.S.C. § 7501 (1970) which prescribes the procedure by which members of the competitive civil service may be removed from their positions or suspended without pay. The statute provides in pertinent part:

(a) An individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service. (b) An individual in the...

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