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FITZGERALD v. UNITED STATES CIVIL SERV. COM'N

No. 76-1144.

554 F.2d 1186 (1977)

A. Ernest FITZGERALD v. UNITED STATES CIVIL SERVICE COMMISSION et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1977.

Attorney(s) appearing for the Case

Thomas G. Wilson, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellants. Morton Hollander, Atty., Dept. of Justice and Michael J. Ryan, Asst. U. S. Atty., Washington, D.C., also entered appearances for appellants.

John Bodner, Jr., Washington, D.C., with whom John F. Bruce, Albert O. Cornelison, Jr. and William Sollee, Washington, D.C., were on the brief, for appellee.

Before BAZELON, Chief Judge, McGOWAN and MacKINNON, Circuit Judges.

Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge:

The sole question for review is whether section 14 of the Veterans' Preference Act of 1944, as amended in 1947, 5 U.S.C. § 7701, authorizes the Civil Service Commission to award attorney's fees to a wrongfully discharged federal employee entitled to protection under the Act.1 Appellee, a "veteran preference...

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