Dr. Joseph Gilbert v. Donald Johnson and Dr. Marc J. Musser

This is an appeal from the district court’s denial of motion of plaintiff, Dr. Gilbert, pursuant to Rule 70, Fed.R.Civ. P., to enforce a final judgment against the named defendants, officials of the Veterans Administration and against the United States. 1

The order and judgment rendered in Dr. Gilbert’s favor held that he had been unlawfully dismissed from his position with the Veterans Administration Hospital in Atlanta because he was not afforded a statutorily required hearing. 2

Defendants appealed, but the order and judgment became final on the defendants’ voluntary dismissal of their…