FOWLER v. UNITED STATES

No. 79-1588.

633 F.2d 1258 (1980)

Arthur FOWLER, Plaintiff-Appellant, v. The UNITED STATES; The General Services Administration; Jay Solomon, in his individual and official capacity as Administrator of the General Services Administration; the United States Civil Service Commission; and Alan Campbell, Jules Sugarman, and Ursa Posten, individually and as members of the United States Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1980.


Attorney(s) appearing for the Case

Stuart R. Berkowitz, Legal Services of Eastern Missouri, St. Louis, Mo., for plaintiff-appellant.

Bruce D. White, Asst. U. S. Atty., St. Louis, Mo. (argued), and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., on brief, for defendants-appellees.

Before STEPHENSON and McMILLIAN, Circuit Judges, and SCHATZ, District Judge.


SCHATZ, District Judge.

Plaintiff-appellant, Arthur Fowler, is a mentally retarded person who was hired as a custodial laborer by the United States General Services Administration in 1966 under the provisions for excepted service government employment contained at 5 C.F.R. § 213-3102(t), infra. After working successfully at that job for a period of slightly over ten years, Fowler was fired. At the time of appellant's termination, federal law permitted...

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