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ABBRUZZESE v. BERZAK

No. Civ. 75-652.

412 F.Supp. 201 (1976)

Louis J. ABBRUZZESE v. William P. BERZAK et al.

United States District Court, D. New Jersey.

May 3, 1976.

Attorney(s) appearing for the Case

Michael J. Mella, Fair Lawn, N. J., for plaintiff.

Jonathan L. Goldstein, U. S. Atty., by Frank J. Scardilli, Asst. U. S. Atty., Newark, N. J., for defendants.

OPINION

BIUNNO, District Judge.

Plaintiff sues for relief in the nature of mandamus (or, possibly, procedendo) to compel the Civil Service Commission to accept his appeal from his removal as a mail carrier in the Postal Service. The removal took effect October 15, 1973, "[to] promote the efficiency of the service," 5 U.S.C. § 7501(a).

He filed an appeal on January 30, 1974, long after the deadline of October 30, 1973,

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