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BEESON v. HUDSON

No. 79-2015.

630 F.2d 622 (1980)

Travis N. BEESON, Plaintiff-Appellant, v. Henry E. HUDSON, Individually and as the former Director, Veterans Administrative Regional Office, Little Rock, Arkansas; Rufus Wilson, Individually and as former Chief of the Department of Veterans Benefits, Washington, D. C.; Donald Johnson, Individually and as the former Administrator, Veterans Administration, Nationally, Washington, D. C.; Fred B. Rhodes, Individually and as the former Deputy Administrator, Veterans Administration, Central Office, Washington, D. C.; Clark Mollenhoff, Individually and as the former Counsel to the President of the United States of America, Washington, D. C.; Richard L. Roudebush, Individually and as the present Administrator, Veterans Administration, Central Office, Washington, D. C.; Roy R. Moore, Individually and as the Director, Veterans Administration, Regional Office, Little Rock, Arkansas, Defendant-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1980.

Attorney(s) appearing for the Case

Bobby E. Shepherd, Spencer, Spencer & Shepherd, El Dorado, Ark., for appellant.

Neal B. Kirkpatrick, Asst. U. S. Atty., Fort Smith, Ark., argued. Larry R. McCord, U. S. Atty., Fort Smith, Ark., on brief, for appellee.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

This appeal presents prematurely a constitutional question which, under the circumstances, we decline now to decide. We vacate the judgment of the district court and remand the case for further proceedings.

The appellant, Travis N. Beeson, received a "career-conditional" appointment in August 1969, as staff assistant to the Regional Director of the Veterans Administration (VA) in Little Rock, Arkansas. Under the terms of this...

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