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HOFER v. CAMPBELL

No. 77-1760.

581 F.2d 975 (1978)

Andrew HOFER, Appellant, v. Alan K. CAMPBELL, Chairman, U. S. Civil Service Commission, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 1978.

Rehearing Denied August 18, 1978.

Attorney(s) appearing for the Case

Ilona M. Hogan, Forestville, Md. with whom Robert N. Boyer, Forestville, Md. was on the brief, for appellant.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C. with whom Earl J. Silbert, U. S. Atty., John A. Terry, Michael W. Farrell and Tobey W. Kaczensky, Asst. U. S. Attys., Washington, D. C. were on the brief, for appellee.

L. M. Pellerzi and Peter B. Broida, Washington, D. C. were on the brief, for amicus curiae urging that this case be reversed and remanded for further proceedings.

Before TAMM and WILKEY, Circuit Judges, and RONALD N. DAVIES, United States Senior District Judge for the District of North Dakota.

Opinion for the Court filed by Senior District Judge DAVIES.

Dissenting opinion filed by WILKEY, Circuit Judge.

RONALD N. DAVIES, Senior District Judge:

This is an appeal from a judgment entered by the district court dismissing appellant's complaint for lack of subject matter jurisdiction.

The appellant, Andrew Hofer, an employee of the Social Security Administration, Department of Health, Education and Welfare (Agency), of Hungarian descent...

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