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KENNETH v. SCHMOLL

No. 72-1831.

482 F.2d 90 (1973)

Margaret J. KENNETH, Plaintiff-Appellee, v. Paul SCHMOLL, Director, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 7, 1973.

Attorney(s) appearing for the Case

John P. Eastham, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for plaintiff-appellee.

Thomas G. Wilson, Atty., Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Walter H. Fleischer, Atty., Dept. of Justice, on the brief), for defendants-appellants.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Margaret J. Kenneth, a registered nurse, was hired in November 1970 as a nurse at the VA Hospital in Albuquerque, New Mexico. By statute, the initial hiring by the VA of a nurse, as well as a doctor or a dentist, as "additional personnel" under 38 U.S.C. §§ 4104 and 4106 is for a three-year probationary period. On July 24, 1972, the VA advised Kenneth that she would be "separated from the service for failure to qualify and satisfactorily...

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