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Session Laws, 1945
Volume 589, Page 999   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 999

the position which he left to enter the armed services was
a temporary position; in the case of any Second World War
Veteran who was an employee of another governmental
unit, such determination shall be made by the Civil Service
Commission thereof, or other person or body therein having
similar powers or duties, and if any governmental unit has
no Civil Service Commission, or other person or body hav-
ing similar powers and duties, such determination shall be
made by the appointing authority involved.

18. A Second World War Veteran, who shall feel ag-
grieved by the action or refusal to act of the State or
other governmental unit in any case involving rights or
privileges granted to such Veteran by this sub-title, shall
have the right to appeal to the Circuit Court of the County
having jurisdiction of the governmental unit involved, or
to the Superior Court of Baltimore City if the State Em-
ployment Commissioner is involved, or if the Courts of
Baltimore City have jurisdiction of the governmental unit
involved, and in case more than one court shall have juris-
diction of any governmental unit, the appeal may be taken
to any court having jurisdiction. Such appeal shall be
taken within thirty (30) days of the action or refusal to
act complained of, and upon appeal, the court, without the
intervention of a jury, shall hear the case de novo, and
shall fully determine the rights of the complaining Vet-
eran and pass an appropriate Order. From the Order of
the lower court in any such case, there shall be an appeal
to the Court of Appeals by either the Veteran or the State,
or other governmental unit involved. Such appeal shall be
taken in thirty (30) days from the date of the Order of
the lower court, and the Court of Appeals may review,
upon both the law and the evidence, provided that the
Order of the trial court shall not be set aside on the evi-
dence, unless clearly erroneous, and due regard shall be
given to the opportunity of the trial court to judge of the
credibility of the witnesses. Such appeals shall be heard
on the original papers, the exhibits, and a typewritten
transcript of the testimony taken in the lower court, and
typewritten briefs may be filed by coun3el. The Court of
Appeals may affirm, reverse or modify the Order appealed
from, or remand without affirmance or reversal, or for such
further action by the lower court as it may indicate.

If any Second World War Veteran seeking court relief,
as this Section provided, shall apply to the Judge of the
lower court having jurisdiction of his appeal, the Judge
shall assign counsel to such Veteran without cost to him.
No court costs shall be assessed against any Veteran seek-
ing court relief as in this Section provided.

 

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Session Laws, 1945
Volume 589, Page 999   View pdf image (33K)
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