Cummings v. Ingersoll

In a proceeding for a mandamus order in which a reinstatement of the petitioner was sought, order dismissing petition on the merits unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. On a prior appeal, when the direction for the trial of certain issues of fact was made, it was the purpose of this court to enable the petitioner to have the benefit of a finding of fact, if the proof warranted it, that the same character of work was performed by the individuals who he claimed were his juniors and who were in the same salary grade as petitioner; If that…