NATIONAL TREASURY EMP. U. v. KURTZ

No. 79-1086.

636 F.2d 411 (1980)

NATIONAL TREASURY EMPLOYEES UNION and Joseph Mackin, Appellants, v. Jerome KURTZ, Commissioner, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1980.


Attorney(s) appearing for the Case

Murray S. Horwitz, Atty., Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, and Crombie J. D. Garrett, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellees.

Myron C. Baum, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellees.

William E. Persina, Associate Gen. Counsel, Washington, D. C., with whom Robert M. Tobias, Gen. Counsel, National Treasury Employees Union, Washington, D. C., was on brief, for appellants.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and JUNE L. GREEN, U.S. District Judge for the District of Columbia.


Opinion for the court filed by District Judge JUNE L. GREEN.

Dissenting opinion filed by Senior Circuit Judge BAZELON.

JUNE L. GREEN, District Judge:

The issue in this case is whether the District Court held correctly that appellants' failure to exhaust their contractual remedies bars consideration of this suit. For the reasons stated below, we answer in the affirmative.

I.

Appellant Joseph Mackin, a Revenue Agent in the Internal...

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