Neustein v. Mitchell

This is an appeal from a judgment dismissing upon the merits a complaint under § 400 of Title 28 U.S.C.A., seeking a declaration that the defendants, who are members of the United States Civil Service Commission, had no jurisdiction to file or pass upon charges made by them against the plaintiff under the “Hatch Act,” § 611 (a) of Title 18 U.S.C.A. The plaintiff was a member of the Unemployment Insurance Appeal Board of the State of New York (§ 518, subdivision 6, of the Labor Law, Consol.Laws, c. 31). On September 15, 1941, the United States Civil Service Commission began a proceeding…