POWER v. UNITED STATES

No. 439-74.

531 F.2d 505 (1976)

Luther G. POWER, Jr. v. The UNITED STATES.

United States Court of Claims.

March 17, 1976.


Attorney(s) appearing for the Case

Philip E. McCleery, Waco, Tex., atty. of record, for plaintiff; Sheehy, Lovelace & Mayfield, Waco, Tex., of counsel.

Donnie Hoover, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D. C., for defendant.

Before COWEN, Chief Judge, DURFEE, Senior Judge, and KUNZIG, Judge.


ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

In this civilian pay case plaintiff, formerly employed as an Army Ammunition inspector, contests his dismissal seeking reinstatement and back pay. The Army removed Power because he allegedly submitted false information in connection with a claim for travel expense reimbursement. We find the dismissal penalty so out of proportion to plaintiff's proven conduct that it constitutes...

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