District Court, District of Columbia December 15, 1953, Civ. No. 3943 (Roth v. Brownell)

KEECH, District Judge.

This case is before the court on cross motions for summary judgment.

The plaintiff seeks a judgment declaring that his separation from his position in the Department of Justice was unlawful and void because in violation of the Lloyd-LaFollette Act, 37 Stat. 555 (1912), as amended 62 Stat. 354 (1948), 5 U.S.C.A. § 652(a)1 and not in conformity with § 9.