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PHILLIPS v. BERGLAND

No. 77-2234.

586 F.2d 1007 (1978)

Ross A. PHILLIPS, Appellant, v. Bob BERGLAND, Secretary of Agriculture, United States Department of Agriculture, in his official capacity and not in his Individual capacity, Washington, D. C. and Robert E. Hampton, Chairman, Civil Service Commission, in his official and representative capacity and not in his Individual capacity, 1900 E. St., NW, Washington, D. C. 20415, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1978.

Attorney(s) appearing for the Case

John R. Goodwin, Charleston, W. Va., for appellant.

William A. Kolibash, Asst. U. S. Atty., Wheeling, W. Va. (Stephen G. Jory, U. S. Atty., Elkins, W. Va., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The appellant, employed as a Research Mechanical Engineer, GS-12, in the Forest Service of the United States Department of Agriculture, Morgantown, West Virginia, filed this action in the District Court seeking review of his discharge, as approved in a decision of the Civil Service Commission's Appeals-Review Board (ARB) on February 20, 1976. Both the appellant and the appellees moved for summary...

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