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OSBORNE v. CLELAND

No. 79-1504.

620 F.2d 195 (1980)

Harold L. OSBORNE, Appellant, v. Max CLELAND, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1980.

Attorney(s) appearing for the Case

P. A. Hollingsworth, Little Rock, Ark., (argued), and Janet Pulliam, Little Rock, Ark., on brief, for appellant.

Doug Chavis, III, Asst. U. S. Atty., Little Rock, Ark., (argued), and W. H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief, for appellee.

Before GIBSON, Chief Judge, and LAY and McMILLIAN, Circuit Judges.

LAY, Circuit Judge.

Harold L. Osborne was hired by the Veterans Administration Hospital in North Little Rock, Arkansas as a nursing assistant in May 1973.1 The appointment affidavit or "Declaration of Appointee" he was required to complete upon his hiring included the following question: "Since the date you signed your qualifications statement (or application) for this employment, have you been convicted of a offense against the law or...

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