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

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.

Cases that cite this one

12 later published cases cite this decision.

Charlton v. United States (3d Cir. 1969)
Charlton v. United States (3d Cir. 1969)
Van Winkle v. McLucas (District Court, S.D. Ohio 1975)
Elmore v. Hampton (District Court, E.D. Tennessee 1973)
Martin Fass v. R. G. Ruegg (6th Cir. 1967)
Gardner v. Barron (District Court, E.D. Pennsylvania 1965)
Brown v. Macy (United States District Court Eastern District of Louisiana 1963)
Conrad C. Eustace v. J. Edward Day, Postmaster General (D.C. Cir. 1962)
Frank H. De Fino v. Robert S. McNamara Secretary of Dfense (D.C. Cir. 1961)
Daniel Alton Williams v. Eugene M. Zuckert, Secretary of the Department of the Air Force (D.C. Cir. 1961)
William E. Baum v. Eugene M. Zuckert, Secretary of the Air Force (6th Cir. 1965)
Fass v. Ruegg (District Court, S.D. Ohio 1965)

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.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.