OPINION IN CASEMAN V. DULLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000300150121-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 1
• Document Creation Date: December 20, 2016
• Document Release Date: July 20, 2000
• Sequence Number: 121
• Publication Date: May 12, 1955
• Content Type: MF

Approved For Release 2006/10/19: CIA-RDP59-00882R
MEMORAEDUM FOR : Mr. Warner
SUBJECT: Opinion in Casman v. Dulles
May 12, 1955
1. Attached is a copy of the opinion rendered by the U. S.
District Court for the District of Columbia (Ho3:tz0ff J.), on 22
March 1955.
2. Discussion with Miss Kelly, the Assistant United States
Attorney handling the case for the Government, produced no new
information. I take it this was a test case, so selected because there
was little or no controversy on the facts, despite the fact that
Miss Kelly, in her argument to the court, advanced what (I infer
from her conversation with me) was a most half-hearted argument that
the new board was not really the successor to the old board.
3 Lamination of the Foreign Service Act of L946, 6o Stat.
999, at 1035, indicates that specific provision was made in the act
for the repeal of 67 statutes or parts of statutes. Under those
circumstances, I am not surprised that the court declined to
acquiesce in the argument that the act resulted in a "repeal. !
implication'' of the Veterans' Preference Act insofar as it mi. ;ht v<
to the Foreign Service. Miss Kbl] y seemed- to feel than this specific
listin;, 7 was the main point that infl?envied. the ~:ourt and had- it
~~.u
not been so extensive, the court sight have recognized the argument
as valid; I cm not so sure that this is not wishful thinking on Miss
Kelly's part.
l+. Under the Na.tionsl. Sec?r. _t;! Act of 19!!7, section 102 (c),
that the Director of CentrcJ_ ? Ir:te,_ i.i :ence :. a-y terminate the emploNr.eY.t
of any officer of em p1_oyee of the Azency "in his dAscretion . . . rot-
withstanding the provisions of _t n?' . . . law", CIL seems to be in
much more favorable position than the Department of State to resist
the imposition of the provisions of the Veterans' Preference F.ct.
2W A9a
office of the Gener,-L . ounsel
Approved For Release 2006/10/19: CIA-RDP59-00882R000300150121-5