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Williams v. Zuckert

U.S.
Apr 22, 1963
372 U.S. 765 (1963)

Summary

discharging agency may have some duty to assist when desired witnesses are employees of the agency

Summary of this case from Johnson v. United States

Opinion

ON PETITION FOR REHEARING.

No. 133.

Decided April 22, 1963.

Rehearing granted; order dismissing writ of certiorari vacated; judgment of Court of Appeals vacated; and case remanded to District Court for further proceedings.

Reported below: 111 U.S.App.D.C. 294, 296 F.2d 416.

David I. Shapiro and Sidney Dickstein for petitioner.

Solicitor General Cox, Assistant Attorney General Douglas, Stephen J. Pollak, Alan S. Rosenthal and David L. Rose for respondents.


In view of the factual contentions advanced in the petition for rehearing filed by the petitioner and in the respondents' reply thereto, the petition for rehearing is granted and the order heretofore entered, 371 U.S. 531, dismissing the writ of certiorari is vacated. The judgment of the Court of Appeals is vacated and the cause is remanded to the District Court with instructions to hold a hearing and determine whether the petitioner, desiring the presence of witness at his hearing, either discharged his initial burden under the applicable regulations by making timely and sufficient attempt to obtain their presence or, under the circumstances and without fault of his own, was justified in failing to make such attempt, and, if so, whether proper and timely demand was made upon the Air Force so that it was required to produce such witnesses for cross-examination. Upon making such determination, the District Court shall thereupon enter such further order or judgment as may be appropriate.


Summaries of

Williams v. Zuckert

U.S.
Apr 22, 1963
372 U.S. 765 (1963)

discharging agency may have some duty to assist when desired witnesses are employees of the agency

Summary of this case from Johnson v. United States

In Williams v. Zuckert, 372 U.S. 765, 83 S.Ct. 1102, 10 L.Ed.2d 136 (1963), the Supreme Court directed a remand to the district court "with instructions to hold a hearing and determine whether the petitioner, desiring the presence of witnesses at his hearing, either discharged his initial burden under the applicable regulations... or.. whether proper and timely demand was made upon the Air Force so that it was required to produce such witnesses for cross-examination."

Summary of this case from Polcover v. Secretary of Treasury
Case details for

Williams v. Zuckert

Case Details

Full title:WILLIAMS v . ZUCKERT, SECRETARY OF THE AIR FORCE, ET AL

Court:U.S.

Date published: Apr 22, 1963

Citations

372 U.S. 765 (1963)
83 S. Ct. 1102

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