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06/28/62 D. v. Stapleton

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


June 28, 1962

D

v.

STAPLETON, APPELLANT,

v.

JOHN W. MACY, JR., ET AL., INDIVIDUALLY AND AS MEMBERS OF THE CIVIL SERVICE COMMISSION, APPELLEES.

Before BAZELON, WASHINGTON and WRIGHT, Circuit Judges.

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT. 1962.CDC.113

June 28, 1962.

PER CURIAM.

The Smith-Hughes Act *fn1 makes federal funds available to states providing vocational education pursuant to a plan prepared by themselves but approved by the Department of Health, Education and Welfare. Appellant was employed by the State of Mississippi in such a program from 1924 to 1928 as a Supervisor and Itinerant Teacher-Trainer of Agriculture. He now claims that those years should be counted as part *fn2 of his period of creditable service under Section 3 of the Civil Service Retirement Act. 5 U.S.C.A. § 2253. After due proceedings, the validity of which is not attacked, the Civil Service Commission rejected the claim on the ground that appellant's employment in the Mississippi vocational training program was not as an "employee" of the Federal Government. See 5 U.S.C.A. §§ 2251(a), 2251(k), 2253(a). The District Court dismissed appellant's application for Declaratory Judgment.

The Commission concluded appellant's employment with the State of Mississippi was not as a federal employee and was, therefore, not creditable, because (1) appellant was not appointed or employed by a federal officer in his official capacity as such; (2) he was not under the supervision and direction of a federal officer; and (3) he was employed in a program which was essentially a state function. We think these long-established criteria *fn3 have a "reasonable basis in law" and the findings have "warrant in the record." Unemployment Comm. v. Aragon, 329 U.S. 143, 154, 67 S. Ct. 245, 91 L. Ed. 136. The judgment of the District Court will accordingly be

Affirmed.


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