366 F.2d 247 (5th Cir. 1966), 21840, Ward v. Hudnell

Docket Nº:21840.
Citation:366 F.2d 247
Party Name:Frank WARD, Appellant, v. Major General W. T. HUDNELL, and Lieutenant Colonel Raymond F. Stone, Appellees.
Case Date:September 21, 1966
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 247

366 F.2d 247 (5th Cir. 1966)

Frank WARD, Appellant,

v.

Major General W. T. HUDNELL, and Lieutenant Colonel Raymond F. Stone, Appellees.

No. 21840.

United States Court of Appeals, Fifth Circuit.

Sept. 21, 1966

Page 248

Mario Obledo, Frank Y. Hill, Jr., San Antonio, Tex., for appellant.

William O. Murray, Jr., Asst. U.S. Atty., San Antonio, Tex., for appellees.

Before TUTTLE, Chief Judge, and JONES and WATERMAN, 1 Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff-appellant commenced his action against defendants-appellees in the state courts of Texas, alleging substantially the following:

In February 1951, plaintiff was hired as golf professional and golf course manger at the Kelly Air Force Base, San Antonio Air Material area. He was first paid his salary from non-appropriated funds, but in August 1952 he obtained Civil Service status and thereafter he was paid from 'appropriated funds.' In October 1959, defendant Stone, a Major in the U.S. Air Force, was assigned to Kelly Air Force Base as Chief, Military Recreation Branch, and became plaintiff's supervisor. Plaintiff and Stone disagreed as to how to manage and operate the golf course, but plaintiff survived Stone's supervision, Stone being assigned to other duty in November 1960 and being replaced by a Captain Nye. Defendant Major-General Hudnell from 1959 to the commencement of the plaintiff's action was Commander of the San Antonio Air Material area and was a regular patron and user of the golf course. Hudnell and plaintiff had differences relative to the operation of the course, some of the Commanding Officer's objections being similar to those made by Stone. As a result of these differences between the Civil Service employee and his military superiors plaintiff was released on November 18, 1961, after almost eleven years' service, when a reduction in force order, giving Hudnell discretion to eliminate various positions at Kelly Air Force Base for administrative economy, presented Hudnell with the opportunity to abolish plaintiff's job even though plaintiff's release from employment had not been recommended by plaintiff's then supervisor, Captain Nye, and the usual and customary procedure when action was to be taken to terminate employment was not followed. The abolition of plaintiff's job position has not resulted in any administrative economy, the budget at the golf course exceeds any golf...

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