PETER S. DESIMONE, PLAINTIFF-APPELLANT,
v.
VELMA LINFORD ET AL., ETC., DEFENDANTS-APPELLEES
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The court held that the appeal from the denial of a preliminary injunction is moot because the underlying administrative appeal has concluded.
Appellant was discharged and sought reinstatement via administrative appeal and a preliminary injunction. The district court denied the injunction, an…
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PER CURIAM:
Appellant was discharged from his position as a Deputy Director of ACTION Recruitment pursuant to a general reduction in force. Appellant sought administrative review through two levels in the United States Civil Service Commission. In the meantime he requested a preliminary injunction ordering reinstatement pending a final determination of his administrative appeal. The District Court denied the requested equitable relief and this appeal followed.1
A first level decision by the Civil Service Commission’s Appeals Examining Office denying appellant all requested relief was rendered prior to oral argument. Subsequent to argument, that decision was affirmed by the Civil Service Commission Board of Appeals and Review bringing appellant’s administrative appeal to a conclusion. Since the sole issue raised on appeal to this Court is a challenge to the District Court’s denial of injunctive relief pending a final decision of the administrative appeal we are compelled to vacate the order and remand the case to the District Court to dismiss it as moot. National Lawyers Guild, University of Texas Chapter v. Board of Regents, 5 Cir., 1974, 490 F. 2d 97; United States Serviceman’s Fund v. Killeen Independent School District, 5 Cir., 1974, 489 F. 2d 693; United States v. Munsingwear, Inc., 1950, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36; St. Pierre v. United States, 1943, 319 U.S. 41, 63 S. Ct. 910, 87 L.Ed. 1199; Troy State University v. Dickey, 5 Cir., 1968, 402 F. 2d 515, 516-517; New Left Educ. Project v. Board of Regents, 5 Cir., 1973, 472 F. 2d 218, 221; Lebus, Regional Director v. Seafarers’ Int’l Union, 5 Cir., 1968, 398 F. 2d 281, 283; United States v. West Gulf Maritime Ass’n, 5 Cir., 1972, 460 F. 2d 1231.
Vacated and remanded.
. Cf, Hampson v. Murray. 1974, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.26 166; Arnett v. Kennedy, 1974, -U.S. -, 94 S.Ct. 1633, 40 L.Ed.2d 15.
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Bennie Stone Gooden, Jr. v. Miss. State Univ., 499 F.2d 441 (5th Cir. 1974)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Munsingwear, Inc., 340 U.S. 36 (U.S. 1950)
- Arnett v. Kennedy, 416 U.S. 134 (U.S. 1974)
- Sampson v. Murray, 415 U.S. 61 (U.S. 1974)
- ST. Pierre v. United States, 319 U.S. 41 (U.S. 1943)
- Troy State Univ. & Bd. of Trs. v. Dickey, 402 F.2d 515 (5th Cir. 1968)
- Lebus v. Seafarers' Int'l Union of N. Am., 398 F.2d 281 (5th Cir. 1968)
- NEW Left Education Project v. Bd. OF Regents OF THE Univ. OF Tex. Sys., 472 F.2d 218 (5th Cir. 1973)
- Nat'l Lawyers Guild v. Bd. OF Regents OF the Univ. OF Tex. Sys., 490 F.2d 97 (5th Cir. 1974)
- United States Servicemen's Fund v. Killeen Indep. Sch. Dist., 489 F.2d 693 (5th Cir. 1974)
- United States v. W. Gulf Mar. Ass'n, Inc., 460 F.2d 1231 (5th Cir. 1972)