United States Court of Appeals Second Circuit.Dr. Harold D. KLETSCHKA, Plaintiff-Appellant,v.William J. DRIVER, Individually and as Adminis-trator of the Veterans Administration, et al., De-fendants-Appellees.
No. 418, Docket 32698.
Argued March 6, 1969.Decided April 22, 1969.Action by Veterans' Administration doctor, whohad been ordered transferred from veterans' hospitaland whose research grant had not been renewed, forinjunctive relief and damages for interference withemployment rights by certain federal and state offi-cials. The United States District Court for theNorthern District of New York, Edmund Port, J.,rendered summary judgment against plaintiff, andplaintiff appealed. The Court of Appeals, Lumbard,Chief Judge, held that the record presented factquestions as to whether the transfer was disciplin-ary, so as to entitle plaintiff doctor to a hearing, andas to whether there had been violation of federalrights under color of state law.Reversed in part, affirmed in part, and remandedfor further proceedings.West Headnotes
Federal Courts 170B 802
Federal Civil Procedure 170A 2470.4
Federal Courts 170B 92
170BFederal Courts170BIIVenue170BII(A)In General
170Bk92k. Different Districts in SameState; Different Divisions in Same District.MostCited CasesVenue of action by Veterans Administration doctoragainst state and federal defendant, for injunctiverelief and damages on account of his transfer fromVeterans Administration hospital in northern NewYork was properly laid in Northern District of NewYork.28 U.S.C.A. § 1391(b, e).
Administrative Law and Procedure 15A651
15AAdministrative Law and Procedure15AVJudicial Review of Administrative De-cisions15AV(A)In General
15Ak651k. In General.Most Cited CasesIn absence of statute explicitly precluding judicialreview, extent to which agency action may be scru-tinized by courts depends on assessment of needfor, and feasibility of, review on one hand and pos-Page 1411 F.2d 436
(Cite as: 411 F.2d 436)
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