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06/27/57 Joseph F. Finnegan, v. John T. Daly

June 27, 1957

SERVICE COMMISSION, ET AL., APPELLANTS

v.

JOHN T. DALY, APPELLEE. NO. 13256 1957.CDC.106



Before PRETTYMAN, FAHY and BASTIAN, Circuit Judges.

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT.

Joseph F. FINNEGAN, Director, Federal Mediation and

Conciliation Service, L. E. Eady, Director of

Administrative Management, Federal Mediation

and Conciliation Service, Philip Young,

Chairman, United States Civil

Writ of Certiorari Denied November 25, 1957.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PRETTYMAN

PRETTYMAN, Circuit Judge.

Appellee Daly was a Commissioner in the Federal Mediation and Conciliation Service. He was a veterans' preference eligible. He was served with a letter of charges, which consisted of allegations of dereliction of duty, intemperance, and disregard of instructions. He responded and thereafter was given notice of an intended discharge. He appealed to the Civil Service Commission, which after hearing affirmed. He then brought the present civil action for declaratory judgment and mandatory reinstatement. The District Court held that certain evidence received by the Commission was inadmissible, and therefore it remanded the case for reconsideration without the disputed evidence. The defendants, Government officials, appealed.

The first point on the appeal concerns the admissibility of disputed evidence. Daly had been stationed in Philadelphia. A matter concerning Food Fair-A & P Stores was pending. The first of the charges against Daly was dereliction of duty and failure to service that case. It appears he was supposed to be working on the case on a certain day (April 3, 1952), and the first part of the charge was that he could not be found. One of the subparagraphs of that charge was:

"c. At 3:15 P.M. that day, you telephoned your Regional Director by telephone that you were meeting with representative Mullin of the A & P Stores."

In his later denial Daly said:

"I deny that at 3:15 p.m. on that day I telephoned the Regional Director and informed him I was meeting with ...


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