Schwartz v. United States

JONES, Chief Judge.

This is a suit for back pay of an employee during a period of suspension under the Security Act of August 26, 1950, 64 Stat. 476, 5 U.S.C.A. § 22-1 et seq., and Executive Order 10450, 5 U.S.C.A. § 631 note issued pursuant thereto. The defendant defends solely on the ground that plaintiff freely admits that he made no effort to secure other employment or to mitigate the damages in any way during the period of suspension.

Plaintiff held a nonsensitive position with the Post Office Department. He was suspended from duty on March 12, 1954, and was subsequently removed from his…