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LEARY v. DALTON

No. 95-1027.

58 F.3d 748 (1995)

Arthur J. LEARY, Plaintiff, Appellant, v. John H. DALTON, Secretary of the Navy, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 14, 1995.

Attorney(s) appearing for the Case

J. Joseph McKittrick, with whom McKittrick Law Offices and Karen B. Hoffman were on brief, for appellant.

Michael M. DuBose, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and David R. Collins, Asst. U.S. Atty., were on brief, for appellee.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff-appellant Arthur J. Leary, a civilian employee of the Portsmouth Naval Shipyard ("Shipyard") and the United States Navy, was removed from government service for "excessive unauthorized absence" after he was denied requested leave for the time that he spent in jail following his arrest for driving while intoxicated. After exhausting administrative remedies, Leary filed suit in the United States District Court for the District...

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