Garcia v. United States

JONES, Chief Judge.

This is an action by a former employee of the Government for the recovery of compensation for four separate periods of allegedly wrongful removal without pay from his position as an Associate Engineer with the War Department, and subsequently with the Department of the Army. The parties have filed cross-motions for summary judgment. Plaintiff’s motion extends to the first three periods of separation. Defendant’s motion extends only to the first two such periods.

The material facts, except as otherwise indicated, are not in dispute. Plaintiff is a preference eligible within…