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MASINO v. UNITED STATES

No. 270-77.

589 F.2d 1048 (1978)

Thomas J. MASINO v. The UNITED STATES.

United States Court of Claims.

December 13, 1978.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., atty. of record for plaintiff. Robert A. Hahn, Silver Spring, Md., and Sam Resnicoff, New York City, of counsel.

Emory J. Bailey, Wheaton, Md., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before FRIEDMAN, Chief Judge, and KUNZIG and BENNETT, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This civilian personnel action comes to us on the parties' cross-motions for summary judgment, and plaintiff's motion, in the alternative, to remand to our Trial Division for further ascertainment of facts. We are faced with the difficult problem of whether a customs inspector (plaintiff, Masino) was properly terminated on the basis of his personal use and transportation of marijuana, when the duties of...

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