SMITH v. UNITED STATES

No. 73-2453.

502 F.2d 512 (1974)

Donald K. SMITH, Plaintiff-Appellant. v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 7, 1974.


Attorney(s) appearing for the Case

G. William Baab, Dallas, Tex., for plaintiff-appellant.

Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., Frank D. McCown, U. S. Atty., Ft. Worth, Tex., Robert E. Kopp, Michael Kimmel, Neil H. Koslowe, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before GEWIN, GOLDBERG and CLARK, Circuit Judges.


GEWIN, Circuit Judge:

This federal employee discharge case was heard by the district court on cross-motions for summary judgment, and this appeal is from a decision adverse to the employee. The record before the court was the administrative record compiled in the proceedings before the Hearing Officer from the Veterans' Administration (VA) and before the Civil Service Commission. Both parties assert that the facts were fully...

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