PEDEN v. UNITED STATES

No. 174-73.

512 F.2d 1099 (1975)

Gerald J. PEDEN v. The UNITED STATES.

United States Court of Claims.

March 19, 1975.


Attorney(s) appearing for the Case

Otto G. Obermaier, New York City, attorney of record for plaintiff. Martin, Obermaier & Morvillo, New York City, of counsel.

Marc J. Fink, Washington, D. C., with whom was Asst. Atty. Gen. Carla A. Hills, for defendant. Paul A. Zoss, Washington, D. C., of counsel.

Before SKELTON, NICHOLS and BENNETT, Judges.


NICHOLS, Judge.

This action is brought before us on cross motions for summary judgment seeking our review of a decision by the Board of Appeals and Review (BAR) of the Civil Service Commission (CSC). Plaintiff is an ex-Government employee who was removed by "adverse action" and who asks the usual relief of reinstatement to the position and back pay. 28 U.S.C. § 1491, as amended. We find no triable issue of fact. The BAR decision is based on substantial evidence...

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