Williams v. Zuckert, 371 U.S. 531 (1963)

Williams v. Zuckert


No. 133


Argued December 13, 1962
Decided January 14, 1963
371 U.S. 531

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Certiorari was granted in this case to consider whether, under the principles enunciated in Vitarelli v. Seaton, 359 U.S. 535, the discharge of petitioner, a veteran with Civil Service status, from the United States Air Force for alleged misconduct was vitiated by an improper denial of a right to cross-examination at his hearing before the Civil Service Commission on appeal pursuant to § 14 of the Veterans’ Preference Act and the Commission’s regulations thereunder. Review of the record and argument of counsel, however, disclosed that petitioner’s request for cross-examination of witnesses was neither timely nor in conformity with the applicable regulations.

Held: the Vitarelli issue is not adequately presented by this case, and the writ of certiorari is dismissed as improvidently granted. Pp. 531-533. (But see 372 U.S. 765.)

111 U.S.App.D.C. 294, 96 F.2d 416, certiorari dismissed.