U.S. Court of Appeals for the D.C. Circuit, 1954

Mollie Sawyer v. Robert T. Stevens, Secretary of the Army

U.S. Court of Appeals for the D.C. Circuit · Decided November 10, 1954 · Danaher, Edgerton, Fahy, Per Curiam

221 F.2d 822; 95 U.S. App. D.C. 267 (Federal Reporter, Second Series)

Counsel

Mr. Claude L. Dawson, Washington, D. C., for appellant., Mr. Benjamin Forman, Atty., Dept, of Justice, of the bar of the Supreme Judicial Court of Massachusetts, pro hae vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., and Paul A. Sweeney, Atty., Dept, of Justice, were on the brief, for appellees. Messrs. Lewis A. Carroll, Asst. U. S. Atty., a:id Julian H. Singman, Atty., Dept, of Justice, also entered appearances for appellees.

Cases that cite this one

1 later published case cites this decision.

Leland A. Chappelle v. Dudley C. Sharp, Secretary of the Department of the Air Force (D.C. Cir. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellant filed suit in the District Court for a declaratory judgment that her separation from Government employment was illegal. Because of disability she had been involuntarily retired from her position on an annuity, under procedures set forth in the Civil Service Retirement Act, 1 and regulations of the Civil Ssrvice Commission, 5 CFR §§ 29.1 et eq. (1949).

Answer to the complaint was filed by the appropriate Government officials, followed in due course by a hearing in the District Court. The court made findings of fact and entered conclusions of law, upon the basis of which judgment was entered dismissing the complaint. Among the conclusions of law was one that the action was barred by laches, which had been specially pleaded.

The appeal presents no basis for reversing the judgment of the District Court and it accordingly is Affirmed.

. 41 Stat. 614 et seq., as amended, 46 Stat. 472, as amended, 5 U.S.C.A. § 710.

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