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CUIFFO v. UNITED STATES

No. 199-54.

137 F.Supp. 944 (1955)

John CUIFFO v. The UNITED STATES.

United States Court of Claims.

March 1, 1955.

Attorney(s) appearing for the Case

Carl L. Shipley, Washington, D. C., for plaintiff. Samuel Resnicoff, New York City, was on the brief.

Kathryn H. Baldwin, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

Plaintiff was employed as a blocker and bracer at the New York Port of Embarkation, Brooklyn, New York, at an hourly wage of $1.67 for daytime work, and $1.83 an hour for night-time work. He was discharged, effective September 30, 1952, but was restored to duty on August 3, 1953. He sues for his pay in the meantime.

Defendant defends on the sole ground that plaintiff has not exhausted his administrative remedy.

Plaintiff was discharged...

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