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HENKLE v. CAMPBELL

No. 79-1196.

626 F.2d 811 (1980)

Joseph W. HENKLE, Sr., Plaintiff-Appellant, v. Allan B. CAMPBELL, Chairman of the United States Civil Service Commission; Jule Sugarman, Vice Chairman of the Commission; Ersa H. Poston, Member of the Commission, in their official capacity as Members of the United States Civil Service Commission; and the United States Postal Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 4, 1980.

Attorney(s) appearing for the Case

Michael S. Holland, Russell, Kan., for plaintiff-appellant.

Gregg R. Sackrider, Asst. Regional Labor Counsel, U. S. Postal Service, Chicago, Ill. (James P. Buchele, U. S. Atty., Sharon A. Werner, Asst. U. S. Atty., Wichita, Kan., and Stephen E. Alpern, Associate Gen. Counsel, Office of Labor Law, U. S. Postal Service, Washington, D. C., with him on brief), for defendants-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MILLER, Judge.

MILLER, Judge.

This appeal is from the district court's order granting a motion by the Civil Service Commission ("Commission") for summary judgment and dismissing plaintiff-appellant's action against the Commission for terminating him as Postmaster because of insubordination. 462 F.Supp. 1286 (D.Kan. 1978).

The district court concluded that the charges of insubordination were supported ("[u]nder either a substantial evidence...

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