Charles R. Armstrong v. The United States

ON DEFENDANT’S MOTION TO DISMISS PETITION AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This is a suit for $60,000 more or less, the amount claimed by plaintiff for improper removal from his position with the Veterans Administration (VA). The case is before us on defendant’s motion to dismiss, which will be treated as a motion for summary judgment under Rule 20(b), and on plaintiff’s motion for summary judgment. The material facts in this case are not in dispute.

Plaintiff, a veteran preference eligible, was a GS-11 Architectural Engineer when on February 28, 1963, he received an…