Foshay v. United States

CAFFEY, District Judge.

The post office at Mamaroneck is in the first class. In 1926, the plaintiff was appointed a clerk there. He was in the classified civil service. In his complaint, he alleges that in 1931 he was wrongfully discharged. He seeks judgment for his salary since a date shortly prior to the discharge. The suit rests jurisdiction on the Tucker Act (28 USCA § 41, subd. 20).

By notice dated August 15, 1931, the government moved to dismiss the complaint for failure to state a cause of action. At the oral argument, several grounds were urged. Upon examining the papers, I concluded…