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331 F.2d 307

Docket No. 21218.

McClellan v. Phinney

Fifth Circuit Court of Appeals

May 13, 1964, Rehearing Denied July 30, 1964.

Fifth Circuit Court of Appeals · decided 1964-05-13

2 counsel of record

Relies on Sweet v. United States · Oliphant v. Atlantic Coast Line R. · Newell M. Hargett v. Arthur E. Summerfield

Opinion by Per Curiam · Decided 1964-05-13

William F. Billings, Fanning, Billings, Harper, Pierce & Gilley, Dallas, Tex., for appellant.

Lawrence R. Schneider, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D.C., William O. Murray, Jr., First Asst. U.S. Atty., San Antonio, Tex., John W. Douglas, Asst. Atty. Gen., Ernest Morgan, U.S. Atty., Dept. of Justice, Washington, D.C., for appellees.

Before HUTCHESON, PRETTYMAN1 and JONES, Circuit Judges.

PER CURIAM.

¶1

Laura A. McClellan was removed from her position in the Internal Revenue Service as an officer-intern. She brought this suit in the District Court attacking her removal as illegal and seeking reinstatement with back pay. The court found that the removal was 'in accordance with the applicable law and regulations, and that all applicable procedural requirements were met in effecting her discharge.' She had availed hereself of all applicable administrative procedures for review in the agency and before the Civil Service Commission.

¶3

Affirmed.

1

Senior Circuit Judge of the District of Columbia Circuit, sitting by designation

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