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SCARPA v. SMITH

No. 68 Civ. 4455.

294 F.Supp. 13 (1968)

Michael J. SCARPA, Plaintiff, v. C. R. SMITH, Secretary, U. S. Department of Commerce; Silvio G. Simplicio, Director, Eastern Region, U. S. Department of Commerce, ESSA, Weather Bureau Eastern Region, Garden City, New York; Lawrence H. Baer, New York, Regional Director; William P. Berzak, Chairman, Board of Appeals and Review, U. S. Civil Service Commission, Washington, D. C.; and John W. Macy, Jr., Chairman, L. J. Andolsek and Robert E. Hampton, Commissioners, constituting the United States Civil Service Commission, Defendants.

United States District Court S. D. New York.

December 6, 1968.

Attorney(s) appearing for the Case

M. Eli Kramer, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, for defendants, by David L. Katsky, Asst. U. S. Atty.

MANSFIELD, District Judge.

Plaintiff is a meteorologist employed by the Environmental Science Services Administration, a primary organization within the Department of Commerce. Until October 23, 1968 he was assigned to the Weather Bureau's New York office, but on that date he was reassigned to the Bureau's office in Trenton, New Jersey.

On November 12, 1968, Mr. Scarpa filed his complaint in this action requesting...

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