John J. McGinty v. Herbert Brownell, Jr., Attorney General of the United States

WASHINGTON, Circuit Judge.

Appellant McGinty was discharged from his position as an attorney in the Department of Justice “to promote the efficiency of the service,” on the ground that he had failed to perform his duties in a satisfactory manner. He appealed the Department’s action to the Civil Service Commission’s Board of Appeals and Review. The Board affirmed. At appellant’s request, the full Commission reviewed the discharge. It affirmed. He then sought a declaratory judgment in the District Court that he had been improperly removed and was entitled to reinstatement. The District Court, on…