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CUNNINGHAM v. UNITED STATES

No. 433-56.

181 F.Supp. 269 (1960)

Milton J. CUNNINGHAM v. UNITED STATES.

United States Court of Claims.

March 2, 1960.

Attorney(s) appearing for the Case

Margaret C. Driscoll, Bridgeport, Conn., for plaintiff.

Mary R. McLean, Washington, D. C., with whom was Asst. Atty. Gen., George Cochran Doub, for defendant. Gerson B. Kramer, Washington, D. C., was on the brief.

LARAMORE, Judge.

Plaintiff, a veteran preference eligible, brings suit to recover the back pay of his civilian Government position in the Department of the Army from the date of his separation by reduction in force to date of judgment herein. Plaintiff contends that his reduction in force was brought about by a Civil Service regulation which was contrary to the terms of the Veterans' Preference Act of 1944, 5 U.S.C.A. § 851 et seq., and therefore invalid.

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