Kennedy v. United States

LEE, Circuit Judge.

Having previously qualified as eligible in an examination given by the United States Civil Service Commission, appellant, on or about February 28, 1942, received an appointment from the War Department to the position of junior instructor of shop mathematics of the Air Corps at Large, at a salary of $2,000 per annum, subject to a probationary period of six months. Appellant discharged his duties at Ellington Field, Texas, until on or about January 15, 1943, when he was summarily discharged.

Alleging that his discharge was contrary to the United States Civil Service Act and…