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McNEILL v. BUTZ

Nos. 72-2319, 72-2320.

480 F.2d 314 (1973)

Walter Clifton McNEILL, Appellant, v. Earl L. BUTZ, Secretary of Agriculture, et al., Appellees. Delores S. CANADY, Appellant, v. Earl L. BUTZ, Secretary of Agriculture, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1973.

Attorney(s) appearing for the Case

Charles B. Winberry, Rocky Mount, N. C., and Stephen H. Nimocks, Fayetteville, N. C. (Biggs, Meadows & Batts, Rocky Mount, N. C., and Anderson, Nimocks & Broadfoot, Fayetteville, N. C., on brief), for appellants.

Jack B. Crawley, Jr., Asst. U. S. Atty. (Thomas P. McNamara, U. S. Atty., on brief), for appellees.

Before WINTER and CRAVEN, Circuit Judges and BRYAN, District Judge.

WINTER, Circuit Judge:

Walter Clifton McNeill and Delores S. Canady, each of whom was a discharged employee of the Department of Agriculture, sued to effect their reinstatement to their prior federal employment and to recover back pay. In each case, the claim for relief was predicated upon the contention that the Department of Agriculture had violated plaintiff's right to procedural due process in discharging him without permitting him the opportunity to confront...

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