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(DOWNLOAD) "Johnson v. War Assets Administration" by United States Court of Appeals Seventh Circuit. ~ Book PDF Kindle ePub Free

Johnson v. War Assets Administration

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eBook details

  • Title: Johnson v. War Assets Administration
  • Author : United States Court of Appeals Seventh Circuit.
  • Release Date : January 05, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The averments of the original complaint, in which one W. E. Johnson was plaintiff and War Assets Administration, Region V, Otto Klein, Regional Director, and Peter Risty, Personnel Officer were defendants, may be summarized as follows: Johnson, an honorably discharged soldier, was employed on September 21, 1945, as an Examiner for the War Assets Administration, Region V, and subsequently promoted to the position of Administrative Assistant. His efficiency rating had always been "good" or above "good." In November, 1947 he received a "reduction-in-force" notice, terminating his employment, although numerous other persons who were not veterans but who were classified as "permanent status" employees continued to be employed. Johnson was not a "permanent status" civil service employee, but averred that Section 4 of the Soldiers and Sailors Act of 1912, Title 5, § 648, U.S.C.A., gave him an absolute retention preference over any nonveteran. Section 4 of that act reads, in part, as follows: "In the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped or reduced in rank or salary." Relying on this statute, plaintiff prayed judgment declaring the reduction-in-force notice void and enjoining defendants from preventing plaintiff from continuing in his employment.


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