Capolino v. Kelly

WYATT, District Judge.

This is a motion by defendant for summary judgment in his favor (Fed.R.Civ, P. 56(b)) and for an order dismissing the action for failure to state a claim upon which relief can be granted (Fed. R.Civ.P. 12(b) (6)).

The action is for a declaratory judgment that the removal by defendant of plaintiff from the Customs Service is “a nullity”, that plaintiff be reinstated in the Customs Service, that judgment be entered in his favor for his “pecuniary loss”, etc.

The jurisdiction of this Court seems properly invoked under 28 U.S.C. § 1361 so far as the validity of the discharge…