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NEUSTEIN v. MITCHELL

52 F.Supp. 531 (1943)

NEUSTEIN v. MITCHELL et al., Members of and Constituting United States Civil Service Commission.

District Court, S. D. New York.

November 22, 1943.

Attorney(s) appearing for the Case

Harold L. Herzstein, of New York City, for petitioner.

Francis M. Shea, Asst. Atty. Gen., James B. M. McNally, U. S. Atty., and Laurence H. Axman, Asst. U. S. Atty., both of New York City, and Lawrence V. Meloy, of Washington, D. C. (Joseph A. Fanelli and Jerome C. Strumpf, Department of Justice, both of Washington, D. C., of counsel), for respondents.

COXE, District Judge.

This is a proceeding to review a report and order of the United States Civil Service Commission which determined, after a hearing, that the petitioner had violated Section 12(a) of the Hatch Political Activity Act, 54 Stat. 767, 18 U.S.C.A. § 61l(a), and that the violation was of a character to warrant his removal as a member of the Unemployment Insurance Appeal Board, Division of Placement and Insurance, Department of Labor of the...

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