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CRIMALDI v. UNITED STATES

No. 997, Docket 80-6119.

651 F.2d 151 (1981)

Anthony M. CRIMALDI, Plaintiff-Appellee, v. UNITED STATES of America, United States Civil Service Commission and The Chief Executive Officer of the Postal Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 15, 1981.

Attorney(s) appearing for the Case

Richard N. Papper, New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, Peter C. Salerno, Asst. U. S. Atty., Stephen E. Alpern, Lawrence A. Dinerstein, U. S. Postal Service, Washington, D. C., of counsel), for defendants-appellants.

Bruce Provda, New York City, of counsel, for plaintiff-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Defendants appeal from a summary judgment of the United States District Court for the Southern District of New York awarding plaintiff, a discharged postal employee, $17,408.19 in back pay. The court found that, although plaintiff's discharge was justified, he was entitled to back pay because the Civil Service Commission delayed in giving him a hearing. Because we do not believe that the delay, for which plaintiff was responsible in...

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