U.S. Court of Appeals for the D.C. Circuit, 1957

Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense

Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense
U.S. Court of Appeals for the D.C. Circuit · Decided June 13, 1957 · Edgerton, Prettyman, Fahy
247 F.2d 83; 101 U.S. App. D.C. 92; 1957 U.S. App. LEXIS 3668 (Federal Reporter, Second Series)

Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense

Opinion

PER CURIAM.

Certain positions in the Navy Department, including appellant’s, were surveyed and downgraded under the Classification Act of 1949, 5 U.S.C.A. § 1071. Some employees who were not veterans got new positions at the old level. Appellant, who was a veteran, did not. He appeals, relying on Section 12 of the Veterans Preference Act as amended, 5 U.S. C.A. § 861. This section provides for military preference in any “reduction in personnel”. Since no such reduction occurred, this section does not apply. Cf. Cutting v. Higley, 98 U.S.App.D.C. 288, 235 F.2d 515, certiorari denied 352 U.S. 883, 77 S.Ct. 99, 1 L.Ed.2d 81; Wagner v. Higley, 98 U.S.App.D.C. 291, 235 F.2d 518, certiorari denied 352 U.S. 936, 77 S. Ct. 230, 1 L.Ed.2d 165. Cf. Parks v. United States, Ct.Cl., 147 F.Supp. 261.

Affirmed.

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