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KESTER v. HORNER

Appeal No. 85-884.

778 F.2d 1565 (1985)

Charles R. KESTER, et al., Appellants, v. Constance HORNER, Director, Office of Personnel Management, Appellee.

United States Court of Appeals, Federal Circuit.

November 21, 1985.

Attorney(s) appearing for the Case

David M. Robinson, Robinson & Ferrara, of Honolulu, Hawaii, argued for appellants.

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., Anthony J. Steinmeyer and Richard Greenberg, Washington, D.C.

Before BALDWIN and KASHIWA, Circuit Judges and MILLER, Senior Circuit Judge.

KASHIWA, Circuit Judge.

Appellants, Charles D. Kester, et al., appeal from the final judgment of the United States District Court for the District of Hawaii, Judge Samuel P. King presiding, reported at 545 F.Supp. 356, dismissing Counts II, III, IV and VII of Appellant's Third Amended Complaint. We affirm.

I. BACKGROUND

In 1948, President Truman issued Executive Order...

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