William Clyde Burton v. The United States

NICHOLS, Judge.

This back pay action is before us on defendant’s motion for summary judgment. There is no cross-motion. The alternatives therefore are to allow the motion and dismiss the complaint, or to deny the motion and order trial. We allow the motion and dismiss the complaint. We believe there is no triable issue of fact and under the undisputed facts plaintiff is not entitled to recover. The evidence is documentary, including recorded testimony.

Plaintiff, a Negro, following certification by the Civil Service Commission, was appointed an Engineer, SP 9-175, Level 15, with the Engineering…