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WHITE v. BLOOMBERG

No. 73-1960.

501 F.2d 1379 (1974)

Leon H. WHITE, Appellee, v. Warren M. BLOOMBERG, Postmaster, United States Post Office Department to be known as The United States Postal Service, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

Jean A. Staudt, Atty., U. S. Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., George Beall, U. S. Atty., Kathryn H. Baldwin, Atty., U. S. Dept. of Justice, on brief), for appellants.

Kenneth A. Reich, Baltimore, Md. (Robert M. Bell, Garber A. Davidson, Jr., David F. Tufaro and Piper & Marbury, Baltimore, Md., on brief) for appellee.

Before WINTER, CRAVEN and WINTER, Circuit Judges.

CRAVEN, Circuit Judge:

This suit by a wrongfully discharged postal employee raises an ancillary question of procedure under the Back Pay Act of 1966, 5 U.S.C. § 5596. Four months after the district court awarded plaintiff a summary judgment for reinstatement and back pay, the Postal Service attempted to raise an issue of failure to mitigate damages, contending that the period of entitlement to back pay should be reduced because plaintiff had not made reasonable...

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