Charles W. Toomey v. Peter G. Nash

On October 15, 1969, Charles W. Toomey was discharged from federal service as a field attorney with the National Labor Relations Board for “[rjepeated acts of conduct unbecoming a professional employee of the National Labor Relations Board.” His discharge followed notice of the proposed action, an agency hearing, and, because Toomey was a veterans’ preference eligible employee, a proceeding before the Civil Service Commission. 5 C.F.R. § 752.-03(1973). The discharge was approved by the Commission Board of Appeals and Review, whereupon Toomey filed a suit in the nature of mandamus and for…