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GUEORY v. HAMPTON

No. 73-1842.

510 F.2d 1222 (1974)

Albert GUEORY v. Robert E. HAMPTON (Chairman of the United States Civil Service Commission), et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 9, 1974.

Rehearing Denied April 3, 1975.

Attorney(s) appearing for the Case

Stanton R. Koppel, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and Leonard Schaitman, Atty., Dept. of Justice, were on the brief, for appellants. Earl J. Silbert, U. S. Atty., Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, and Nathan Dodell, Asst. U. S. Atty., also entered appearances for appellants.

Ellen M. Scully, Washington, D. C., with whom Edward M. Basile, Washington, D. C., was on the brief, for appellee.

Before EDWARDS, United States Circuit Judge for the Sixth Circuit, and TAMM and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

Appellee Gueory filed an action for a declaratory judgment in the district court seeking a determination that his removal from employment with the United States Postal Service violated section 752.104(a) of the Civil Service Regulations. The district court granted plaintiff's motion for summary judgment, concluding that as a matter of law there must be a specific showing as to how plaintiff's criminal conduct, which was the asserted justification...

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