Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.
UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT.
Simon J. NASH, individually and on behalf of all eligibles
and preference eligibles awaiting appointment to Hearing
Examiner positions by certification from official registers
established by the Civil Service Commission on the basis of
its open competitive examination, conducted under Section
11 of the Administrative Procedure Act, Appellant, v. INTERSTATE COMMERCE COMMISSION, and Philip Young, George M.
Moore, and Frederick J. Lawton, as Members of the
United States Civil Service Commission, Appellees.
Petition for Rehearing In Banc Denied Sept. 1, 1955.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WASHINGTON
WASHINGTON, Circuit Judge.
Prior to the decision of the Supreme Court in Riss & Co., Inc., v. United States, 341 U.S. 907, 71 S. Ct. 620, 95 L. Ed. 1345 (April 16, 1951), plaintiff-appellant Nash was employed by the Interstate Commerce Commission as an "Examiner" in Grade GS-9. He held hearings in cases similar to Riss. He was not an examiner appointed pursuant to Section 11 of the Administrative Procedure Act, 5 U.S.C.A. § 1010, although he had, while in his Interstate Commerce Commission position, taken and passed an examination to that end and was listed on a register of eligibles for such appointment in Grades GS-11, GS-12 or GS-13. Under a rule ...