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VERGARA v. HAMPTON

No. 77-2101.

581 F.2d 1281 (1978)

Ronald VERGARA et al., Plaintiffs-Appellants, v. Robert E. HAMPTON, Chairman of the United States Civil Service Commission, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1978.

Rehearing Denied October 27, 1978.

Attorney(s) appearing for the Case

Kenneth P. Montgomery, Legal Assistance Foundation, Chicago, Ill., for plaintiffs-appellants.

Bruno Ristau, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before PELL and TONE, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing In Banc Denied October 27, 1978.

TONE, Circuit Judge.

In Hampton v. Mow Sun Wong, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976), the Court held that a Civil Service Commission regulation barring lawfully admitted resident aliens from the federal competitive civil service deprived those aliens of due process rights. In so holding, the Court assumed but did not decide that the same bar would...

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