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McCLELLAND v. ANDRUS

No. 76-1654.

606 F.2d 1278 (1979)

B. Riley McCLELLAND, Appellant, v. Cecil D. ANDRUS, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1979.

Attorney(s) appearing for the Case

James R. Rosa, Washington, D. C., for appellant. Raymond J. Malloy, Washington, D. C., was on the brief for appellant.

Mary C. Lawton, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U.S. Atty. at the time the brief was filed, and John A. Terry and Eric B. Marcy, Asst. U.S. Attys., Washington, D. C., were on the brief, for appellees.

Before WRIGHT, Chief Judge, and SWYGERT and ROBB, Circuit Judges.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge ROBB.

J. SKELLY WRIGHT, Chief Judge:

After exhausting his administrative remedies appellant, a former employee of the National Park Service, sued in the District Court for restoration of his job with retroactive back pay and other benefits. He challenged on the merits the action of the Civil Service Commission's Appeals Review Board (ARB) upholding...

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