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FITZGERALD v. STAATS

No. 77-1466.

578 F.2d 435 (1978)

A. Ernest FITZGERALD, Appellant, v. Elmer B. STAATS et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1978.

Attorney(s) appearing for the Case

John Bodner, Jr., Washington, D. C., with whom Richard W. Bowe, William Sollee and Ralph J. Temple, Washington, D. C., were on the brief, for appellant.

Rebecca L. Ross, Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Leonard Schaitman and Dennis G. Linder, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellees.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and McGOWAN and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge LUMBARD.

LUMBARD, Circuit Judge**:

On January 5, 1970, A. Ernest Fitzgerald was removed from his position as Deputy Assistant Secretary for Management Systems in the Office of the Secretary of the Air Force. The reasons given were that the post had been abolished in a reduction-in-force, and that no other appropriate position was available. Fifteen days later, Fitzgerald began his struggle...

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