Campbell v. Deviny, Public Printer

PRETTYMAN, Circuit Judge.

Appellant was employed at the Government Printing Office as an “Estimator-Jacket Preparer”, Grade CAF-7, at an annual salary of $3,000. From January 29, 1943, to January 23, 1946, he was -in the military service, being honorably discharged on the latter date. During his absence there was a reorganization of his Division in the Office. He was returned to duty as an Estimator and Specification Writer, with a salary of $3,640. Subsequent adjustments brought his salary to $4,900 and his designation to “Planner”. He brought a civil action in the District Court, alleging that the position which he had held when he entered military service had, during his absence, been reallocated, 1

and praying for a writ of mandamus to' require the appellee Public Printer and members of the Civil Service Commission to restore him to his former position as thus reallocated. A motion for summary judgment, with supporting affidavits, was filed by the defendants, and a cross-motion for summary judgment upon the question of the court’s jurisdiction, with a supporting affidavit, was filed by Campbell. The District Court rendered judgment for the defendants and dismissed the complaint for lack of jurisdiction, . an opinion being filed by Judge Letts.

2

We agree with that opinion, and upon that basis the judgment will be Affirmed.

1

. Affidavits showed his claim to be that the position as reallocated was a Grade CAF-11 position, salary $3,800. The defendant officials denied that the claimed position was comparable to the position originally held by Campbell.

2

. Campbell v. Deviny, D.C.D.O.1949, 81 P.Supp. 657.