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FISHKIN v. UNITED STATES CIVIL SERVICE COMMISSION

Civ. No. 49102.

309 F.Supp. 40 (1969)

Jerome FISHKIN, an individual, and the State of California, Plaintiffs, v. UNITED STATES CIVIL SERVICE COMMISSION et al., Defendants.

United States District Court, N. D. California.

May 19, 1969.

Attorney(s) appearing for the Case

Albert Bendick, Berkeley, Cal., for plaintiff Fishkin.

Thomas C. Lynch, Atty. Gen. State of Cal., Sacramento, Cal., for plaintiff State of Cal.

John A. Nejedly, Dist. Atty., George W. McClure, Chief Deputy Dist. Atty., Martinez, Cal., for County of Contra Costa.

Cecil F. Poole, U. S. Atty., David R. Urdan, Chief Asst. U. S. Atty., San Francisco, Cal., for U. S. Civil Service.

Paul N. Halvonik, Charles C. Marson, San Francisco, Cal., Coleman A. Blease, Sacramento, Cal., for amicus curiae American Civil Liberties Union of Northern California.

Before DUNIWAY, Circuit Judge, and WOLLENBERG and SWEIGERT, District Judges.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This is an action brought under the provisions of 5 U.S.C. § 1508, and 42 U. S.C. § 1983, by plaintiffs Fishkin and the State of California to review an order of the United States Civil Service Commission (hereinafter called the Commission), dated March 3, 1968.

Plaintiffs pray for declaratory relief to the effect that 5 U.S.C. §§ 1502...

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