Russell J. Pfitzinger, Appellant, v. United States Civil Service Commission, 192 F.2d 934 (3d Cir. 1951)

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US Court of Appeals for the Third Circuit - 192 F.2d 934 (3d Cir. 1951) Argued November 16, 1951
Decided November 29, 1951

Appeal from United States District Court for the District of New Jersey; William F. Smith, Judge.

Frederick F. Richardson, New Brunswick, N. J., for appellant.

Joseph Kovner, Dept. of Justice, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., Grover C. Richman, Jr., U. S. Atty., Newark, N. J., Edward V. Ryan, Asst. U. S. Atty., Jersey City, N. Y., Edward H. Hickey, Attys., Department of Justice, Washington, D. C., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

PER CURIAM.


The only question raised on this appeal is as to the constitutionality of Section 12(a) of the Hatch Act. 5 U.S.C.A. § 118k(a). That question was settled in State of Oklahoma v. United States Civil Service Commission, 1947, 330 U.S. 127, 67 S. Ct. 544, 91 L. Ed. 794. Upon the authority of that case the judgment of the District Court, D.C. N.J., 96 F. Supp. 1, will be affirmed.

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