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MORGAN v. FLETCHER

No. 74-2566.

518 F.2d 236 (1975)

Dolta Jo MORGAN, Plaintiff-Appellee, v. James C. FLETCHER, Administrator, National Aeronautics and Space Administration, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 22, 1975.

Attorney(s) appearing for the Case

Edward B. McDonough, U. S. Atty., William L. Bowers, Jr., Asst. U. S. Atty., Houston, Tex., William Kanter, Harry R. Silver, Robert Greenspan, Dept. of Justice, Washington, D. C., for defendants-appellants.

David T. Lopez, Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and WISDOM and COLEMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 22, 1975.

COLEMAN, Circuit Judge.

The National Aeronautics and Space Administration (NASA) appeals a District Court order which enjoined, until she shall have had a full evidentiary hearing, the dismissal of employee Dolta Jo Morgan.

We reverse.

The parties agree that two questions are presented:

1. Whether in the light of Sampson v. Murray, 415 U.S. 61<...

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