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McClellan v. Phinney

United States Court of Appeals, Fifth Circuit
Jul 30, 1964
331 F.2d 307 (5th Cir. 1964)

Opinion

No. 21218.

May 13, 1964. Rehearing Denied July 30, 1964.

Appeal from United States District Court for the Western District of Texas; Ben H. Rice, Jr., Judge.

William F. Billings, Fanning, Billings, Harper, Pierce Gilley, Dallas, Tex., for appellant.

Lawrence R. Schneider, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D.C., William O. Murray, Jr., First Asst. U.S. Atty., San Antonio, Tex., John W. Douglas, Asst. Atty. Gen., Ernest Morgan, U.S. Atty., Dept. of Justice, Washington, D.C., for appellees.

Before HUTCHESON, PRETTYMAN and JONES, Circuit Judges.

Senior Circuit Judge of the District of Columbia Circuit, sitting by designation.


Laura A. McClellan was removed from her position in the Internal Revenue Service as an officer-intern. She brought this suit in the District Court attacking her removal as illegal and seeking reinstatement with back pay. The court found that the removal was "in accordance with the applicable law and regulations, and that all applicable procedural requirements were met in effecting her discharge." She had availed herself of all applicable administrative procedures for review in the agency and before the Civil Service Commission.

We find no error. Hargett v. Summerfield, 100 U.S.App.D.C. 85, 243 F.2d 29 (1957), cert. denied 353 U.S. 970, 77 S. Ct. 1060, 1 L.Ed.2d 1137; Williams v. Cravens, 93 U.S.App.D.C. 380, 210 F.2d 874 (1954), cert. denied Williams v. Robbins, 348 U.S. 819, 75 S.Ct. 30, 99 L.Ed. 646; Powell v. Brannan, 91 U.S. App.D.C. 16, 196 F.2d 871 (1952)

Affirmed.


Summaries of

McClellan v. Phinney

United States Court of Appeals, Fifth Circuit
Jul 30, 1964
331 F.2d 307 (5th Cir. 1964)
Case details for

McClellan v. Phinney

Case Details

Full title:Laura A. McCLELLAN, Appellant, v. R.L. PHINNEY, District Director of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 30, 1964

Citations

331 F.2d 307 (5th Cir. 1964)

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