Clark v. United States

Plaintiff sues for the salary of which he alleges he has been deprived by reason of his unlawful discharge from his position in the Civil Aeronautics Administration, then a part of the Department of Commerce.

The case was before us heretofore on defendant’s motion for summary judgment. We held in an opinion reported in 145 Ct. Cl. 374, that, although plaintiff had been transferred from the classified civil service to an “excepted” position, i.e., one not protected by the Lloyd-LaFollette Act, 37 Stat. 555, as amended, 5 U.S.C. § 652, and Veterans’ Preference Act of 1944, 58 Stat. 387, as…