Wade H. Temple, Jr. v. John F. Bushell, as Postmaster of Oakland, California, Terry M. Francois v. John F. Bushell, as Postmaster of Oakland, California

500 F.2d 591 Wade H. TEMPLE, Jr., Plaintiff-Appellant, v. John F. BUSHELL, as Postmaster of Oakland, California, et al., Defendants-Appellees. Terry M. FRANCOIS, Plaintiff-Appellant, v. John F. BUSHELL, as Postmaster of Oakland, California, et al., Defendants-Appellees. Nos. 71-1834, 71-2135. United States Court of Appeals, Ninth Circuit. July 1, 1974. Clifford C. Sweet, Legal Aid Society, Alameda County, Oakland, Cal., for plaintiffs-appellants. James Browning, Jr., U.S. Atty., San Francisco, Cal., William Kanter and Alan S. Rosenthal, Dept. of Justice, Washington, D.C., for defendants-appellees. Before DUNIWAY and KILKENNY, Circuit Judges, and SMITH, 1 District judge. OPINION PER CURIAM: 1 Each of the appellants in these two cases was summarily suspended from his job by appellees pending an administrative determination as to whether he should be permanently removed from the postal service. Neither appellant sought to exhaust his available administrative remedies. Instead, each independently brought suit in district court to enjoin his suspension pending a full administrative hearing, alleging that the due process clause of the Fifth Amendment requires a pre-suspension…