Herak v. Kelly

391 F.2d 216 J. Viola HERAK, James Wood, Jr., and Lloyd Barnard, in their official capacity as the members of the Montana Agricultural Stabilization and Conservation State Committee, and the United States Department of Agriculture, Appellants, v. Francis D. KELLY, Appellee. No. 21412. United States Court of Appeals Ninth Circuit. March 13, 1968. Stephen R. Felson (argued), John C. Eldridge, Alan S. Rosenthal, Atty., Dept. of Justice, Walter H. Fleischer, Civil Div., Dept. of Justice, Washington, D.C., Moody Brickett, U.S. Atty., Carl Eardley, Acting Asst. Atty. Gen., Butte, Mont., for appellants. Otto T. Habedank and Jacque Best (argued), of Habedank, Cumming & Best, Sidney, Mont., for appellee. Before CHAMBERS, MERRILL and DUNIWAY, Circuit Judges. CHAMBERS, Circuit Judge: 1 On November 19, 1964, appellee Kelly received a notice that he was suspended from office as county office manager of the McCone County, Montana, Agricultural Stabilization and Conservation Service. The notice contained only the general charge that Kelly had given advice and information contrary to regulations and procedures, resulting in twelve improper contracts. Kelly denied the charge, and was granted a…