PER CURIAM: In 1970 appellee Day, who is black, was serving as a Wage Grade 8 (WG-8) employee of the United States Public Health Service Hospital in Baltimore, a unit of the Department of Health, Education and Welfare (HEW). On June 5 of that year he applied for a WG-10 opening at the hospital, but approximately a month later that post was awarded to a Mr. West, a competing white applicant. Day filed a prompt administrative c…
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