Morelli v. United States

Plaintiff sues for the pay of which he says he has been deprived, alleging that the grounds for his discharge from the Air Force were not supported by substantial evidence, that the administrative procedure was defective, and that the action of the Air Force in discharging him was arbitrary and capricious.

■Defendant moves for summary judgment on the ground plaintiff did not exhaust his administrative remedy in failing to appeal, after final adverse action of the Air Force, to the Civil Service Commission.

Under the circumstances of this case, we do not thin It plaintiff was required to appeal…