SMITH v. UNITED STATES CIVIL SERVICE COMMISSION

No. 74-1556.

520 F.2d 731 (1975)

Anna SMITH et al., Plaintiffs-Appellants, v. UNITED STATES CIVIL SERVICE COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 1975.

As Amended July 14, 1975.


Attorney(s) appearing for the Case

Richard L. Curry, Corp. Counsel, Edmund Hatfield, Asst. Corp. Counsel, Chicago, Ill., for plaintiffs-appellants.

James R. Thompson, U. S. Atty., Gary L. Starkman and Floyd Babbitt, Asst. U. S. Attys., Chicago, Ill., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

The issue raised by this appeal is whether the complaint, mounting a constitutional attack on the Hatch Act insofar as it affects state and local employees, was properly dismissed as lacking a substantial federal question.

I

At the outset we are faced with pleading deficiencies which go to the propriety of federal jurisdiction.

The plaintiffs in their amended complaint for declaratory judgment and injunctive relief...

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