Laurence Frommhagen v. Henry Glazer

In this libel action, removed to the district court under 28 U.S.C. §§ 1441 (a), 1442(a) (1), plaintiff Frommhagen appeals from a summary judgment against him. We affirm.

The affidavits and exhibits on file reveal the following uncontradicted facts.

Frommhagen and Glazer were employed by the National Aeronautics and Space Administration (NASA), an agency of the United States Government, Glazer as Chief Counsel of the Ames Research Center (Ames) of NASA, at Moffet Field, California, and Frommhagen as a scientist at Ames. Frommhagen was not in Glazer’s line of supervision.

Pursuant to the Civil Service Commission’s Federal Personnel Manual, Chap. 771, subchap. 1 (Inst. 92, July 21, 1967), and the NASA Supplement to that Manual, Ames established a grievance procedure for its employees. Ames Management Manual, AMM 3771-1 (May 17, 1965). During January 1968 hearings were held under that procedure on grievances filed by Frommhagen against Glazer and four other senior officials of Ames. Glazer testified under oath at the hearings. On March 22, 1968, Frommhagen sent a letter to Paul Dem-bling, General Counsel of NASA, in Washington, D. C., in which Frommhagen commented adversely upon…