*1 EDGERTON, Before PRETTYMAN PROCTOR, Judges. and Circuit PRETTYMAN, Judge. Circuit appeal judgment is an from a of This District the United Court the States for of which District Columbia dismissed the complaint in a civil action. The action brought by twenty-six employees was of Department the Post Office on behalf of similarly themselves and all others situ- ated. Named as defendants At- were the General, General, torney the Postmaster Department members the Post Office of Board, Loy- Loyalty of and members the alty Board of the Review Civil Service plaintiffs of Commission. Each the had Department from Post received the Office proposed written notice Loyalty Board a of employmenton removal from the basis that existed grounds reasonable for belief that disloyal addressee was to the the United complaint sought injunction The an States. pursuant any against to Executive action No. and a declaring Order 98351 decree that Order to be unconstitutional. (Supp.1947) Fed.Reg.1935 Fed.Regs. (1947); § 132 5 U.S.C.A. 631 3 Code note. 1. 12 *2 376 employ loyalty of determine the trial fendants hearing in the of the the time At Loy- “solely” upon of ees the association basis Post Office
court,
the
hearings before
request of with
and individuals.
-organizations
held at the
certain
alty Board
'been
had
the Or-
to
plaintiffs, pursuant
Appellees
to dis
to
motion
of the
attached
their
some
affidavits,
had
cases
summary
in some
der,
hearings
judgment
and
miss
for
such
and
had
plaintiffs
held; some
exhibits,
extensively
not then been
with supporting
which
been;
had not
suspended
some
and
been
procedure
the Executive
recited the
under
ruling of
of the
had
advised
some
been
the
Order and demonstrated that neither
been
then
had not
and some
that Board
religion
employee en
race nor the
of the
advised.
proceedings;
that the f-orms
ters into these
a letter
appellees’ brief is
to
no
Attached
proceedings
which-
contain
initiate the
Commission, giving
the
Service
from
Civil
religion;
that
reference to race or
and
De-
as of
cases
the-
of
various
the status
nor
heads
Loyalty
neither the
Boards
the
which we
1,
In the view
1949.
cember
agencies request any
of
such
the executive
unnecessary to con-
case,
is
of the
it
take
the
information.
assert
The affiants
that
matter.
phase -of the
that
sider
allegation’s
complaint
in
are
factual
the
appellants, ex
by
made
All contentions
contradictory af
without foundation. No
-
para
next
in our
discussed
cept the -One
filed, and
thus
fidavits
there would
were
up
passed
and
been considered
have
graph,
up
appear
of fact
genuine
to be no
issue
Refu
Anti-Fascist
by this court in
on
Joint
subject.
on
of
the
Under the rule National
Clark,2 Friedman v.
v.
gee Committee
Montgomery
War Labor Board v.
Ward
3
Richardson,4
Schwellenbach,
and
Bailey v.
justified
taking
in
&
the court was
Co.,6
Order v. McGrath.5
Workers
International
pleadings
of
in
that state
the
into account
cases,
judg
the
authority of those
Upon
upon
motion
acting
the
to dismiss.
the -case at
in
District Court
of the
ment
Affirmed.
affirmed.
be
bar must
“up-
appellants alleged
complaint
their
In
majority
that a
and belief”
information
on
EDGERTON,
Judge (dissent-
Circuit
Negro
or
were
those removed
of
Jewish
ing).
allegation,
o-f
basis
that
and, upon the
.
'
I
for the reasons stated in dis
dissent
discrimination.
unconstitutional
averred
Richardson,
Bailey
'they alleged, sent in
v.
complaint
U.S.App.
86
the
in
Elsewhere
-,
46.
182 F.2d
belief,
D.C.
and
that de-
upon information
also
255,
U.S.App.D.U
1950,
U.S.App.D.C. —,
1949,
F.2d
4.
182
46.
177
F.2d
86
2.
85
granted
79,
Anti-Fascist
Joint
certiorari
U.S.App.D.C. —,
1950,
5.