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HURLEY v. UNITED STATES

No. 76-1818.

575 F.2d 792 (1978)

Royce G. HURLEY, Plaintiff-Appellant, v. UNITED STATES of America, Dr. John L. McLucas, Administrator, Federal Aviation Administration of the United States Department of Transportation, and Robert Hampton, Jayne B. Spain, and L. J. Andolsek, as members of the United States Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Claude V. Sumner, Midwest City, Okl. (Ferrill H. Rogers, Oklahoma City, Okl., on brief), for plaintiff-appellant.

William S. Price, Asst. U. S. Atty., Oklahoma City, Okl. (David L. Russell, U. S. Atty., Oklahoma City, Okl., on brief), for defendants-appellees.

Before SETH, Chief Judge, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This dispute arises in the labyrinth of Federal Civil Service regulations. We are called upon to review the district court which reviewed and affirmed the Civil Service Commission Board of Appeals and Review (Board) which reviewed and reversed the Civil Service Commission (CSC) hearing examiner.

SCOPE OF OUR REVIEW

It is not our prerogative to substitute our judgment for that of the Board. The decision of the Board is to be...

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