Ricker J. Kleinfelter, Sr. v. The United States

WHITAKER, Judge.

Defendant has moved for summary judgment on the question of liability only, based upon the following facts:

At all times material herein, plaintiff, a veterans preference eligible, was employed in a civilian position as a GS-6 Fire Fighter with the Department of the Army. As such, he was required to submit to an annual physical examina tion. Based upon the results of his physical examination in May 1956, the Post Surgeon advised the Civilian Personnel Office that plaintiff was physically disqualified for work as a fireman because of his cardiac condition and age, in that…