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GILLEY v. UNITED STATES

No. 80-1072.

649 F.2d 449 (1981)

Jerry Alan GILLEY, Plaintiff-Appellee, v. UNITED STATES of America, Acting by and through Norman A. Carlson, Director, Federal Prison Systems, Department of Justice, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1981.

Rehearing and Rehearing Denied August 25, 1981.

Attorney(s) appearing for the Case

W. J. Michael Cody, U. S. Atty., Joe A. Dycus, Asst. U. S. Atty., Memphis, Tenn., William Kanter and Howard S. Scher, Appellate Staff, Civ. Div., Depart. of Justice, Washington, D. C., for defendant-appellant.

Mitchell J. Notis, Washington, D. C., for plaintiff-appellee.

Before LIVELY and KEITH, Circuit Judges; and BOYLE, District Judge.

Rehearing and Rehearing En Banc Denied August 25, 1981.

LIVELY, Circuit Judge.

In this case the government appeals from an order granting a preliminary injunction which prohibits the transfer of a tenured federal employee to a new duty station.

I.

The plaintiff was a Correctional Supervisor at the Federal Correctional Institution (FCI) in Memphis, Tennessee with more than eleven years of service with the Bureau of Prisons. The plaintiff was...

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