FITZGERALD v. SEAMANS

No. 75-1032.

553 F.2d 220 (1977)

A. Ernest FITZGERALD, Appellant, v. Robert C. SEAMANS, Jr., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1977.

Rehearing Denied April 29, 1977.


Attorney(s) appearing for the Case

John Bodner, Jr., Washington, D.C., with whom John F. Bruce, William L. Sollee and Ralph J. Temple, Washington, D.C., were on the brief for appellant. Melvin L. Wulf, New York City, also entered an appearance for appellant.

John M. Kelson, Atty., Dept. of Justice, Washington, D.C., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., Morton Hollander and William Kanter, Attys., Dept. of Justice, Washington, D.C., were on the brief for appellees.

Before LEVENTHAL and WILKEY, Circuit Judges, and BRYAN, United States District Judge for the Eastern District of Virginia.


Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

The District Court found the three year statute of limitations barred the maintenance of a damage action against officials of the Air Force and the Executive Branch for participation in a conspiracy to deprive plaintiff of his civilian position with the Air Force and his constitutional rights, Fitzgerald v. Seamans, 384 F.Supp. 688

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