U.S. Court of Appeals for the D.C. Circuit, 1960

Hazel T. Ellis v. Frederick H. Mueller, Acting Secretary of Commerce

Hazel T. Ellis v. Frederick H. Mueller, Acting Secretary of Commerce
U.S. Court of Appeals for the D.C. Circuit · Decided June 23, 1960 · Washington, Danaher, Bastían
280 F.2d 722; 108 U.S. App. D.C. 174; 1960 U.S. App. LEXIS 4182 (Federal Reporter, Second Series)

Counsel

Mr. Claude L. Dawson, Washington, D. C., for appellant., Mr. Anthony F. Cafferky, Atty., Dept, of Justice, with whom Mr. Kevin T. Maroney, Atty., Dept, of Justice, was on the brief, for appellees.

Hazel T. Ellis v. Frederick H. Mueller, Acting Secretary of Commerce

Cases that cite this one

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Opinion

PER CURIAM.

This is a civil service case, in which plaintiff-appellant’s dismissal was the subject of an extensive hearing before the Civil Service Commission under the Veterans’ Preference Act of 1944, 5 U.S.C.A. § 863, and was upheld by that body. Suit for a declaratory judgment and restoration of status was thereafter brought in the District Court. That court granted the appellees’ (defendants’) motion for summary judgment.

The function of the courts in cases like this is not to review the merits of a dismissal, but to determine whether the employee was accorded his statutory and procedural rights. See Hargett v. Sum-merfield, 1957, 100 U.S.App.D.C. 85, 243 F.2d 29. Such rights were fully accorded here.

Affirmed.

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