Francis P. Kerr v. Wendell B. Barnes

PRETTYMAN, Circuit Judge.

Appellant Kerr was employed as an Industrial Specialist in an office of the Small Defense Plants Administration. He was in the classified civil service, GS-13, and was a veterans’ preference eligible. In 1953, pursuant to an act of Congress, 1 a Small Business Administration was created. At the same time the Small Defense Plants Administration was terminated. In the process Kerr was released from employment. He brought this action for restoration. On cross motions for summary judgment, supported by affidavits, the District Court rendered judgment for the defendants.

In…