Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense

D.C. Circuit

Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense

247 F.2d 83, 101 U.S. App. D.C. 92, 1957 U.S. App. LEXIS 3668

CourtCourt of Appeals for the D.C. Circuit

DecidedJune 13, 1957

Docket13580

StatusPublished

Cited by2 cases

This text of 247 F.2d 83 (Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony J. Steinkirchner v. Charles E. Wilson, Secretary of National Defense, 247 F.2d 83, 101 U.S. App. D.C. 92, 1957 U.S. App. LEXIS 3668 (D.C. Cir. 1957).

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Opinion

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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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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Bluebook (online)

247 F.2d 83, 101 U.S. App. D.C. 92, 1957 U.S. App. LEXIS 3668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-j-steinkirchner-v-charles-e-wilson-secretary-of-national-cadc-1957.

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