ANONYMOUS v. MACY

No. 25671.

398 F.2d 317 (1968)

ANONYMOUS, Appellant, v. John W. MACY, Jr., as Chairman, United States Civil Service Commission, et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 11, 1968.


Attorney(s) appearing for the Case

Guy Sparks, Anniston, Ala., Charles Morgan, Jr., Atlanta, Ga., Herbert S. Thatcher, Washington, D. C., for appellant.

Macon L. Weaver, E. Ray Acton, Birmingham, Ala., for appellees.

Before JOHN R. BROWN, Chief Judge, BELL, Circuit Judge, and HOOPER, District Judge.


PER CURIAM:

We are here dealing with a petition to review administrative actions of Civil Service, discharging appellant from the Post Office Department for alleged homosexual acts.

The fact that appellant committed acts is not in dispute. Counsel for appellant, however, argue at great length, and with considerable ability, that homosexual acts constitute private acts upon the part of such employees, that they do not affect the efficiency of the service, and...

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