Emmet P. Burke v. Everett T. Carpenter, Etc.

Ninth Circuit

Emmet P. Burke v. Everett T. Carpenter, Etc.

387 F.2d 259

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 15, 1967

Docket21614_1

StatusPublished

Cited by6 cases

This text of 387 F.2d 259 (Emmet P. Burke v. Everett T. Carpenter, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Emmet P. Burke v. Everett T. Carpenter, Etc., 387 F.2d 259 (9th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from a summary judgment granted by the district court in a suit brought by appellant to obtain judicial review of the Post Office Department’s reduction of his grade from Postmaster, PFS Level 9, to Clerk, PFS Level 4. The district court filed a memorandum opinion in which it carefully analyised the administrative record in the light of appellant’s contentions and concluded that the agency had complied with required procedures, that its factual determinations were supported by substantial evidence, and that its action was not arbitrary, capricious, or an abuse of discretion. We agree, and the judgment must therefore be affirmed. Mancilla v. United States, 382 F.2d 269, 270 (9th Cir. 1967); Baum v. Zuckert, 342 F.2d 145, 147 (6th Cir. 1965); Seebach v. Cullen, 338 F.2d 663, 664 (9th Cir. 1964). Whether we would have thought the reduction in grade which the agency ordered the appropriate action in the circumstances had the judgment been ours to make is of course immaterial.

Affirmed.

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PER CURIAM:

This is an appeal from a summary judgment granted by the district court in a suit brought by appellant to obtain judicial review of the Post Office Department’s reduction of his grade from Postmaster, PFS Level 9, to Clerk, PFS Level 4. The district court filed a memorandum opinion in which it carefully analyised the administrative record in the light of appellant’s contentions and concluded that the agency had complied with required procedures, that its factual determinations were supported by substantial evidence, and that its action was not arbitrary, capricious, or an abuse of discretion. We agree, and the judgment must therefore be affirmed. Mancilla v. United States, 382 F.2d 269, 270 (9th Cir. 1967); Baum v. Zuckert, 342 F.2d 145, 147 (6th Cir. 1965); Seebach v. Cullen, 338 F.2d 663, 664 (9th Cir. 1964). Whether we would have thought the reduction in grade which the agency ordered the appropriate action in the circumstances had the judgment been ours to make is of course immaterial.

Affirmed.

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387 F.2d 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmet-p-burke-v-everett-t-carpenter-etc-ca9-1967.

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