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BOERNER v. UNITED STATES

No. 7580.

26 F.Supp. 769 (1939)

BOERNER v. UNITED STATES.

District Court, E. D. New York.

January 30, 1939.

Attorney(s) appearing for the Case

C. Joseph Danahy, of Brooklyn, N. Y., for petitioner.

Vine H. Smith, U. S. Atty., of Brooklyn, N. Y. (J. Wolfe Chassen, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

MOSCOWITZ, District Judge.

This is a motion for summary judgment under Rule 56 of the Rules of Civil Procedure for the District Courts of the United States, 28 U.S.C.A. following section 723c.

The petitioner bases his claim on Section 724 of Title 5 of the United States Code Annotated. Subdivision (20) of Section 41 of Title 28 of the United States Code Annotated authorizes the commencement of this action.

The petitioner was formerly employed as a...

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