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U.S. Court of Appeals for the Ninth Circuit, 1969

James T. Kearney, Jr. v. John W. Macy Jr., and U.S.A.

James T. Kearney, Jr. v. John W. Macy Jr., and U.S.A.
U.S. Court of Appeals for the Ninth Circuit · Decided April 25, 1969 · Merrill, Koelsch, Duniway, Circuit-Judges
409 F.2d 847; 1969 U.S. App. LEXIS 12659 (Federal Reporter, Second Series)

Counsel

Tony Geram, Fontana, Cal., Wirin, Rissman, Okrand & Posner, Fred Okrand, Los Angeles, Cal., for appellant., Carolyn M. Reynods, Asst. U. S. Atty., Los Angeles, Cal., Wm. D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., for appellee.

James T. Kearney, Jr. v. John W. Macy Jr., and U.S.A.

Cases that cite this one

5 later published cases cite this decision.

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Opinion

PER CURIAM:

The motion of appellee for summary affirmance is granted on the authority of United Public Workers of America v. Mitchell, 1947, 330 U.S. 75, 67 S.Ct. 556, 91 L.Ed. 754. In our opinion, that case, insofar as it deals with an employee of the United States government such as appellant Kearney, and with a violation of the Hatch Act of the type that Kearney was found to have committed, has not been overruled either expressly or by implication by subsequent decisions of the Supreme Court of the United States.

Affirmed.

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