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MEYER v. DEPT. OF HEALTH AND HUMAN SERVICES, ETC.

No. 21-80.

666 F.2d 540 (1981)

Joseph T. MEYER v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION.

United States Court of Claims.

December 2, 1981.

Attorney(s) appearing for the Case

Peter B. Broida, Washington, D. C., atty. of record, for petitioner. Passman, Price & Broida, Washington, D. C., of counsel.

Thomas W. B. Porter, Washington, D. C., with whom was Acting Asst. Atty. Gen., Thomas S. Martin, Washington, D. C., for respondent. Wayne Brown, Dept. of Health and Human Services, of counsel.

Before DAVIS, KASHIWA and SMITH, Judges.

OPINION

SMITH, Judge:

This civilian pay case is before the court on petitioner's appeal for review of an order of the Merit Systems Protection Board (MSPB). The question to be decided is what standard of review should have been applied by the MSPB at the particular time it considered petitioner's case.

Petitioner claims that Congress intended for the preponderance of the evidence standard of review in section 7701(c)(1)(B) of title 5 to be applicable...

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