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

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)

Counsel

Mr. Claude L. Dawson, Washington, D. C., for appellant., Mr. Melvin Richter, Atty., Dept, of Justice, with whom Asst: Atty. Gen. George C. Doub and Messrs. Oliver Gasch, U. S. Atty., and Robert Pitofsky, Atty., Dept, of Justice, were on the brief, for appellees.

Cases that cite this one

2 later published cases cite this decision.

Bright v. Macy (District Court, D. Maryland 1967)
J. L. Hofflund v. Fred A. Seaton, Secretary of the Interior (D.C. Cir. 1959)

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.

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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