RICCI v. UNITED STATES

No. 398-71.

507 F.2d 1390 (1974)

Anthony J. RICCI v. The UNITED STATES.

United States Court of Claims.

December 18, 1974.


Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa., attorney of record for plaintiff.

Thomas W. Petersen, Washington, D. C., with whom was Asst. Atty. Gen. Carla A. Hills, for defendant.

Before SKELTON, KASHIWA and KUNZIG, Judges.


OPINION

KUNZIG, Judge:*

In this civilian pay case, the question before us is whether plaintiff's discharge from his position as a welder at the Philadelphia Naval Shipyard for taking numbers bets from his fellow employees was supported by substantial evidence and not arbitrary or capricious. We must also decide whether the Navy complied with applicable procedural requirements in effecting plaintiff's removal on a charge of "Conduct...

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