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HALL v. UNITED STATES CIVIL SERV. COM'N

Nos. 73-2241 and 73-2242.

533 F.2d 695 (1976)

Elmer L. HALL, Appellant, v. UNITED STATES CIVIL SERVICE COMMISSION et al. Marcillous STACY, Appellant, v. UNITED STATES CIVIL SERVICE COMMISSION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1976.

Attorney(s) appearing for the Case

Dennis R. Yeager, New York City, of the bar of the Supreme Court of the United States, pro hac vice, by special leave of court, with whom Edward Schwab, Washington, D.C., was on the brief for appellants.

E. Lawrence Barcella, Jr., Asst. U.S. Atty., Washington, D. C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and John R. Dugan, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before TAMM and LEVENTHAL, Circuit Judges, and MILLER, Judge, United States Customs and Patent Appeals.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case involves a challenge to employment qualifications promulgated by the Civil Service Commission as requisites for the position of federal mine inspector, a position established to assure compliance with the Federal Coal Mine Health and Safety Act of 1969.1

A. Hall's Claim — Exhaustion of Administrative Remedy...

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