Legal Opinion

O'Neil v. United States

United States Court of Claims

Decided February 21, 1921No. 34121PublishedCited by 5 opinions

The Reporter's statement of the case: The plaintiff was unquestionably a classified competitive employee at the time of his removal and could not be legally removed except in the manner prescribed for removal of a classified competitive employee from a classified competitive position. This was squarely ruled on by the Civil Service Commission.

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The Reporter's statement of the case: The plaintiff was unquestionably a classified competitive employee at the time of his removal and could not be legally removed except in the manner prescribed for removal of a classified competitive employee from a classified competitive position. This was squarely ruled on by the Civil Service Commission. The Civil Service rules were not followed when plaintiff was removed and the rules not being inconsistent with law had the effect of law. The Acting Attorney General carefully reviewed the facts and concluded his opinion by holding that “ Mr. O’Neil was…

1Opinion of the CourtHat, Judge

This is a suit brought by Thomas H. O’Neil to recover from the United States the sum of $25,494, alleged to be due bim for salary as a special employee in the Customs Service of the United States. The amount claimed covers the period from February 28, 1907, the date of his removal from office, to October 20, 1918.

On February 11,1907, the plaintiff was a special employee in the Customs Service of the United States, to which position he had been appointed by the Secretary of the Treasury, who was authorized by law to make such appointment. Some years before February 11, 1907, the President of…

2Cases cited2 opinions

  1. Arant v. United StatesUnited States Court of Claims · 1920
  2. Nicholas v. United StatesUnited States Court of Claims · 1920

3Cited by5 opinions

  1. Elchibegoff v. United StatesUnited States Court of Claims · 1946
  2. Chamberlain v. United StatesUnited States Court of Claims · 1928
  3. Morse v. United StatesUnited States Court of Claims · 1924
  4. Richardson v. United StatesUnited States Court of Claims · 1927
  5. Wilmeth v. United StatesUnited States Court of Claims · 1928

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