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ANSELMO v. AILES

No. 64-C-47.

235 F.Supp. 203 (1964)

Anthony J. ANSELMO et al., Plaintiffs, v. Stephen AILES, Secretary of the Army, Department of the Army, et al., Defendants.

United States District Court E. D. New York.

October 20, 1964.

Attorney(s) appearing for the Case

Samuel Resnicoff, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for defendants, Thomas J. Lilly, Asst. U. S. Atty., of counsel.

ROSLING, District Judge.

Plaintiffs' motion for summary judgment is denied; defendants' cross-motion for summary judgment is granted.

The issue presented is whether the plaintiffs, thirteen in number, were federal civil service employees at the time of their discharge from employment. If they were, then they are entitled to the reinstatement they seek in this mandamus action,1 for in the process of their discharge they were accorded...

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