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DOWNES v. F.A.A.

Appeal No. 85-588.

775 F.2d 288 (1985)

H. Finley DOWNES, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

October 18, 1985.

Attorney(s) appearing for the Case

Robert F. Belovich, Parma, Ohio, argued for petitioner.

Platte B. Moring, III, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Asst. Director.

Perry A. Kupietz, Federal Aviation Admin., Des Plaines, Ill., of counsel.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

The decision of the Merit Systems Protection Board (board or MSPB), sustaining the charges against petitioner H. Finley Downes of sexual harassment of female employees as the basis for his demotion and reassignment, is reversed.

I.

On April 30, 1983, Downes was demoted and reassigned from his position as Supervisory Aviation Safety Inspector (Grade 15), at the Cleveland General Aviation District Office (GADO), a position he had...

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