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GILBERT v. JOHNSON

No. 77-1063.

601 F.2d 761 (1979)

Dr. Joseph GILBERT, Plaintiff-Appellant-Cross-Appellee, v. Donald JOHNSON et al., Defendants-Appellees-Cross-Appellants, Sam F. Lowe, Jr., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 5, 1979.

Attorney(s) appearing for the Case

Mark J. Kadish, Atlanta, Ga., for Gilbert.

H. A. Stephens, Jr., Atlanta, Ga., for Lowe.

William L. Harper, U. S. Atty., William D. Mallard, Jr., Asst. U. S. Atty., Robert J. Castellani, First Asst. U. S. Atty., Atlanta, Ga., Martin Hollander, Atty., Civ. Div., Dept. of Justice, Washington, D. C., for defendants-appellees-cross-appellants.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from a judgment of the trial court denying to Dr. Gilbert the relief he sought against the United States Veterans Administration Hospital personnel for terminating his employment for refusal to accept a transfer from Atlanta to Birmingham.

The correctness of the judgment below depends primarily upon the answer to two questions: (1) Does the administrative record of the Veterans Administration which resulted in the disciplinary...

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