LARSEN v. UNITED STATES

No. 9-58.

170 F.Supp. 806 (1959)

Josephine B. LARSEN, Maybelle Rita Maloney, Frederick J. Cutting, and Martin Wagner v. UNITED STATES.

United States Court of Claims.

March 4, 1959.


Attorney(s) appearing for the Case

Murray A. Gordon, New York City, for plaintiffs. Irving Feder, New York City, was on the brief.

Earl L. Huntington, with whom was George Cochran Doub, Asst. Atty. Gen., for defendant.


LARAMORE, Judge.

This is a suit by four veterans' preference eligible employees of the Veterans Administration seeking back pay on the allegation that the defendant violated their reduction-in-force preferential retention rights under section 12 of the Veterans' Preference Act, as amended, 5 U.S.C.A. § 861. Defendant has not filed an answer to the petition, but has moved the court under Rule 51, 28 U.S.C.A. for a summary judgment on the grounds that (1) section...

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