Blackmon v. Lee, Deputy Administrator, Civil Aeronautics Administration

FAHY, Circuit Judge.

The appellant, plaintiff in the District Court, sought a declaratory judgment that his removal from a civilian position in the Civil Aeronautics Administration, Department of Commerce, violated his rights as a veteran’s preference eligible, and restoration to his proper position. The ap-pellees in this court, defendants below, are departmental officials and members of the Civil Service Commission. They answered and also filed affidavits which, with the complaint itself, give in full the proceedings eventuating in appellant’s removal. No counter affidavit was filed and on…