Clarence Studemeyer v. John W. MacY Jr., Chairman, United States Civil Service Commission

The appellant seeks to set aside his discharge from civilian employment with the Air Force. We remanded this case in Studemeyer v. Macy, 116 U.S.App.D.C. 75, 320 F.2d 797 (1963). The District Court held a hearing and entered summary judgment for the defendants. Studemeyer v. Macy, 228 F.Supp. 411 (1964). The plaintiff appeals.

As the District Court points out, the witnesses who the complaint says were unavailable at the Civil Service hearing were in fact present, and the appellant did not inform the Air Force that certain other military personnel refused to appear at his request. We agree with…