Seebach v. Cullen, No. 19145.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | MERRILL and DUNIWAY, Circuit , and BASTIAN, Circuit , sitting by designation |
| Citation | 338 F.2d 663 |
| Parties | Mary E. SEEBACH, Appellant, v. Joseph M. CULLEN, District Director, Bureau of Internal Revenue, et al., Appellees. |
| Decision Date | 06 November 1964 |
| Docket Number | No. 19145. |
338 F.2d 663 (1964)
Mary E. SEEBACH, Appellant,
v.
Joseph M. CULLEN, District Director, Bureau of Internal Revenue, et al., Appellees.
No. 19145.
United States Court of Appeals Ninth Circuit.
November 6, 1964.
Claude Dawson, Washington, D. C., Oliphant, Hopper & Stribling, Oakland, Cal., for appellant.
John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, John C. Eldridge, Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellees.
Before MERRILL and DUNIWAY, Circuit Judges, and BASTIAN, Circuit Judge, sitting by designation.
BASTIAN, Circuit Judge.
This is an appeal from an order of the United States District Court granting summary judgment in favor of appellees, thereby upholding appellant's dismissal from her position with the Internal Revenue Service.
Judicial review of dismissal from federal employment, a matter of executive agency discretion, is limited to a determination of whether the required procedural steps have been substantially complied with. Keim v. United States, 177 U.S. 290, 20 S.Ct. 574, 44 L.Ed. 774 (1900); and see Hargett v. Summerfield, 100 U.S.App.D.C. 85, 243 F.2d 29 (1957), and cases there cited. Thus, the scope of our review is confined to questions of law, and a motion for summary judgment was an appropriate means of reaching and deciding the issues in the District Court.
In the institution of the removal proceedings here attacked, appellant was charged with (1) emotional instability and (2) inefficiency, eleven examples of emotional instability and thirteen examples of inefficiency being offered in support of the charges. Her removal was upheld in all the administrative review proceedings held prior to the filing of this action. The only error claimed by appellant with respect to her removal1
Appellant's removal was effected pursuant to the Lloyd-LaFollette Act, 37 Stat. 555 (1912), 5 U.S.C. § 652(a) (1958), which permits removal from the classified civil service "for such cause as will promote the efficiency of such service and for reasons given in writing." The Act and the applicable regulations require that the notice of removal "clearly identify which of the reasons are relied upon in taking the...
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Ponce v. Housing Authority of County of Tulare, Civ. No. S-2762.
...exercise of discretion by an officer, employee or agency of the United States. Seebach v. Cullen, 224 F.Supp. 15 (D.C.Cal. 1963) affirmed 338 F.2d 663 (9th Cir. 1964) cert. denied 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268. But where the exercise or failure to exercise of a discretionary a......
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International Fed. of P. & T. Eng., Loc. No. 1 v. Williams, Civ. A. No. 74-2-N.
...not waive the sovereign immunity of the United States in mandamus actions. Seebach v. Cullen, 224 F.Supp. 15 (N.D. Cal., 1963), affirmed 338 F.2d 663 (9th Cir., 1964), cert. denied 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268; Udall v. Oil Shale Corporation, 406 F.2d 759 (10th Cir., 1969), r......
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Smith v. Schlesinger, No. 74-1440
...of a profession that is inherently concerned with socially defined norms. The reality of these dangers may be seen in Seebach v. Cullen, 338 F.2d 663 (9th Cir. 1964) and Peterson v. Dep't of Natural Resources, 392 Mich. 68, 219 N.W.2d 34 (1974). To be sure, recent advances in somatic learni......
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Doe v. Hampton, No. 76-1090
...performance is satisfactory. An unsatisfactory performance evaluation is generally not a prerequisite to removal. See Seebach v. Cullen, 338 F.2d 663, 665 (9th Cir.1964), cert. denied, 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268 (1965); Angrisani v. United States, 172 Ct.Cl. 439 (1965). See......
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Ponce v. Housing Authority of County of Tulare, Civ. No. S-2762.
...exercise of discretion by an officer, employee or agency of the United States. Seebach v. Cullen, 224 F.Supp. 15 (D.C.Cal. 1963) affirmed 338 F.2d 663 (9th Cir. 1964) cert. denied 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268. But where the exercise or failure to exercise of a discretionary a......
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International Fed. of P. & T. Eng., Loc. No. 1 v. Williams, Civ. A. No. 74-2-N.
...not waive the sovereign immunity of the United States in mandamus actions. Seebach v. Cullen, 224 F.Supp. 15 (N.D. Cal., 1963), affirmed 338 F.2d 663 (9th Cir., 1964), cert. denied 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268; Udall v. Oil Shale Corporation, 406 F.2d 759 (10th Cir., 1969), r......
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Doe v. Hampton, No. 76-1090
...performance is satisfactory. An unsatisfactory performance evaluation is generally not a prerequisite to removal. See Seebach v. Cullen, 338 F.2d 663, 665 (9th Cir.1964), cert. denied, 380 U.S. 972, 85 S.Ct. 1331, 14 L.Ed.2d 268 (1965); Angrisani v. United States, 172 Ct.Cl. 439 (1965). See......
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PHH Corp. v. Consumer Fin. Prot. Bureau, No. 15-1177
...to carry out orders; disloyalty to his superiors and untruthfulness in official relations with other employees"); Seebach v. Cullen , 338 F.2d 663, 665 (9th Cir. 1964) (upholding the dismissal of an IRS Auditor for "[i]nefficiency in handling tax cases as evidenced by technical and procedur......