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SCHAEFER v. UNITED STATES

No. 525-78.

633 F.2d 945 (1980)

Deane R. SCHAEFER v. The UNITED STATES.

United States Court of Claims.

July 16, 1980.

Attorney(s) appearing for the Case

David L. Evans, Bismark, N. D., atty. of record, for plaintiff; Fraase, Evans & Fraase, David L. Peterson, and Wheeler, Wolf, Wefald & Peterson, P. C., Bismark, N. D., of counsel.

Thomas W. Trigg, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; Sheila Berman and William Olivier, of counsel.

Before NICHOLS, KASHIWA and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

In this action plaintiff, by seeking back pay, accrued benefits and reinstatement, challenges the correctness of his removal as an employee of the United States Department of Labor (Labor). Plaintiff claims both Labor's decision to remove him and the Civil Service Commission's affirmance are invalid, null and void and that he therefore should never have...

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