Legal Opinion

Clement L. McEachern v. United States

Court of Appeals for the Fourth Circuit

Decided July 25, 1963No. 8956_1PublishedCited by 39 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge.

Removed from office as a Hearing Examiner for the Social Security Administration by order of the Civil Service Commission, appellant Clement L. McEaehem sought review and vacation of the order in the District Court. His suit was dismissed there on the ground that the court had “no jurisdiction to review the decision of the Civil Service Commission.” The Administrative Procedure Act, 5 U.S.C. § 1001 et seq., we hold, governs the appointment and removal of such examiners and empowers the District Court to set aside the order for cause. We simply find jurisdiction;…

2Cases cited3 opinions

  1. Keim v. United StatesSupreme Court of the United States · 1900
  2. Newell M. Hargett v. Arthur E. SummerfieldCourt of Appeals for the D.C. Circuit · 1957
  3. Carter v. ForrestalCourt of Appeals for the D.C. Circuit · 1949

3Cited by39 opinions

  1. Dr. Harold D. Kletschka v. William J. Driver, Individually and as Administrator of the Veterans AdministrationCourt of Appeals for the Second Circuit · 1969
  2. Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
  3. Lamont v. HaigCourt of Appeals for the D.C. Circuit · 1978
  4. Gnotta v. United StatesCourt of Appeals for the Eighth Circuit · 1969
  5. Arry Ortego v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1975

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