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Thurman Arnold, Washington, D. Abe Fortas, Paul A. Porter and Milton V. Freeman, Washington, D. Howard C. Wood, Washington, D. Morison, Mr. Edward H. Hickey, Special Assistant to the Attorney General, were on the brief, for appellees.
Joseph M. This is a civil action brought in the United States District Court for the District of Columbia for a declaratory judgment and for an order directing plaintiff-appellant's reinstatement in Government employ.
Answer to the complaint was made by the defendants-appellees, and affidavits were filed. Both plaintiff and defendants made motions for summary judgment. The District Court granted the motion of the defendants. This appeal followed. Upon motion filed in this court by the appellant, the Secretary of Labor was added as party appellee. Appellant Bailey was employed in the classified civil service of the United States Government from August 19, , to June 28, Upon the latter date she was separated from the service due to reduction in force.
On March 25, , she was given a temporary appointment, and on May 28, , she was reinstated under circumstances to be related. The regulations of the Civil Service Commission in effect at the time of appellant's reinstatement 2 made reinstatements subject to the condition that removal might be ordered by the Commission if investigation of the individual's qualifications, made within eighteen months, disclosed disqualification.
The regulations listed as a disqualification: 3. On July 31, , two months after her reinstatement, Miss Bailey received from the Regional Loyalty Board of the Commission a letter and an enclosed interrogatory.