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SHELTON v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Civ. A. No. 799-72C2.

357 F.Supp. 3 (1973)

Walter S. SHELTON, Plaintiff, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION et al., Defendants.

United States District Court, W. D. Washington.

March 19, 1973.

Attorney(s) appearing for the Case

Darrell D. Hallett of Preston, Thorgrimson, Ellis, Holman & Fletcher, Seattle, Wash., for plaintiff.

Stan Pitkin, U. S. Atty., and Charles Mansfield, Asst. U. S. Atty., Seattle, Wash., John Pagano, Equal Employment Opportunity Comm., Washington, D. C., Chester F. Relyea, Regional Counsel, Equal Employment Opportunity Comm., San Francisco, Cal., for defendants.

Before WRIGHT, Circuit Judge, and EAST and SHARP, District Judges.

MEMORANDUM OPINION AND ORDER

SHARP, District Judge:

This is a suit by a federal non-probationary employee who was discharged from his employment without first being provided a formal hearing. Since the plaintiff seeks to enjoin his discharge on the theory that Title 5 U.S.C. § 7501 as applied to him violates the Fifth Amendment to the United States Constitution, a three-judge District Court was convened.

At the time of his termination, the plaintiff...

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