Kenny v. United States

This case is before the court on defendant’s and plaintiff’s motions for summary judgment.

Plaintiff, a preference eligible, brings suit alleging that he was wrongfully discharged from his position. He was discharged on the ground that he was insubordinate, in that he refused to perform the duties assigned to him. Plaintiff does not deny that he refused to perform the assignments, *443but says that he should not have been assigned these duties because they were duties to be performed by an employee having a higher rating than he.

The Veterans Administration sustained the charges of insubordination,…