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STEWART v. UNITED STATES CIVIL SERVICE COMMISSION

No. 2537.

45 F.Supp. 697 (1942)

STEWART v. UNITED STATES CIVIL SERVICE COMMISSION (STATE OF GEORGIA, Intervening Complainant).

District Court, N. D. Georgia, Atlanta Division.

June 29, 1942.

Attorney(s) appearing for the Case

A. L. Henson, George D. Stewart, and W. George Thomas, all of Atlanta, Ga., for plaintiff J. E. B. Stewart.

A. L. Henson, Asst. Atty. Gen., of Georgia, and Clifford Walker, Sp. Asst. Atty. Gen., of Georgia, for intervening plaintiff.

Francis M. Shea, Asst. Atty. Gen., of Washington, D. C., Lawrence S. Camp, U. S. Atty., of Atlanta, Ga., L. V. Meloy, of Washington, D. C., Atty. U. S. Civil Service Commission (Sidney J. Kaplan, Sp. Asst. to Atty. Gen., and Martin Norr, Atty., Department of Justice, both of Washington, D. C., of counsel), for defendant.

UNDERWOOD, District Judge.

This is a proceeding under Section 12(c) of the Political Activities Act, approved August 2, 1939, as amended by Act approved July 19, 1940, 18 U.S.C.A. § 61l (c), to review a determination and order of the Civil Service Commission in a case before said Commission entitled "In the matter of J. E. B. Stewart and the State of Georgia, No. 79."

A supersedeas and stay of said order having been asked on the ground of unconstitutionality...

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