ANTHONY J. STEINKIRCHNER, APPELLANT,
v.
CHARLES E. WILSON, SECRETARY OF NATIONAL DEFENSE, ET AL., APPELLEES

D.C. Cir. | 1957-06-13
No. 13580
Before Edgerton, Chief Judge, and Prettyman and Fahy, Circuit Judges.
247 F.2d 83 United States Court of Appeals for the District of Columbia (1957) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certain positions in the Navy Department, including appellant’s, were surveyed and downgraded under the Classification Act of 1949, 5 U.S.C.A. § 1071. Some employees who were not veterans got new positions at the old level. Appellant, who was a veteran, did not. He appeals, relying on Section 12 of the Veterans Preference Act as amended, 5 U.S. C.A. § 861. This section provides for military preference in any “reduction in personnel”. Since no such reduction occurred, this section does not apply. Cf. Cutting v. Higley, 98 U.S.App.D.C. 288, 235 F. 2d 515, certiorari denied 352 U.S. 883, 77 S.Ct. 99, 1 L.Ed.2d 81; Wagner v. Higley, 98 U.S.App.D.C. 291, 235 F. 2d 518, certiorari denied 352 U.S. 936, 77 S. Ct. 230, 1 L.Ed.2d 165. Cf. Parks v. United States, Ct.Cl., 147 F.Supp. 261.

Affirmed.


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