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WILSON v. DEPT. OF HEALTH & HUMAN SERVICES

Appeal Nos. 85-1857, 85-1864.

770 F.2d 1048 (1985)

Mary L. WILSON, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, etc., Respondent. Sidney C. JACKSON, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Federal Circuit.

August 21, 1985.

Attorney(s) appearing for the Case

Peter B. Broida, Passman and Broida, Washington, D.C., argued for petitioners.

Ralph A. Mittelberger, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent, Dept. of Health and Human Services. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Asst. Director and M. Susan Burnett, Washington, D.C.

Thomas W.B. Porter, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent, E.P.A. With him on the brief was Stephen J. McHale.

Beverly Dennis, III and Charlotte Hardnett, Office of the General Counsel, Dept. of Health and Human Services, of Washington, D.C., of counsel.

Before DAVIS, KASHIWA and NEWMAN, Circuit Judges.

DAVIS, Circuit Judge.

Mary L. Wilson and Sidney C. Jackson separately seek review of two decisions of the Merit Systems Protection Board (MSPB or Board) sustaining adverse actions by their respective employers, the Social Security Administration (SSA) of the Department of Health and Human Services, 25 M.S.P.R. 681, and the Environmental Protection Agency (EPA).1 Both petitioners were demoted...

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