Dilatush v. United States

Plaintiff was removed from his civilian position with the Department of the Air Force. He contends that said removal action was unlawful and resulted from action of his superiors which was arbitrary, capricious, illegal, malicious, fraudulent and without cause. He sues for back pay based upon the above removal action.

This case arises on defendant’s motion to dismiss for the reason that the petition fails to state a claim upon which relief can be granted.

Defendant contends (1) that plaintiff’s claim is barred by collateral estoppel because the same issue as presented here was considered and…