Cook v. United States

This suit is brought by a non-veteran formerly employed by the Department of the Navy at Portsmouth Naval Shipyard, Portsmouth, New Hampshire. He seeks to recover back salary on the ground that his separation from his position was procedurally defective.

The case arises on cross-motions for summary judgment, and the following facts are presented: Prior to May 12,1961, *440plaintiff, Malcolm. H. Cook, a non-veteran, was employed as a ship fitter at the Portsmouth. Naval Shipyard. Plaintiff at that time had competitive status.

On January 18, 1961, plaintiff was observed by one Corp. Allen Weston,…