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POWELL v. ROYALL

Civ. No. 112-48.

80 F.Supp. 820 (1948)

POWELL v. ROYALL et al.

United States District Court District of Columbia.

November 9, 1948.

Attorney(s) appearing for the Case

Carl W. Berueffy, of Washington, D. C., for plaintiff.

H. G. Morrison, Acting Asst. Atty. Gen., George Morris Fay, U. S. Atty., Joseph M. Friedman, Sp. Asst. to the Atty. Gen., and E. Leo Backus, Dept. of Justice attorney, of Washington, D. C., for defendants.

PINE, District Judge.

This is an action for a declaratory judgment. The defendants are the Secretary of the Army and the members of the United States Civil Service Commission. Each of the parties has moved for summary judgment.

The undisputed facts are as follows: In 1942 plaintiff was appointed Senior Engineer in the United States Engineers. He remained in this position until May 1, 1943, when he was appointed a Lieutenant in the United States Naval Reserve...

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