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CHRISTO v. MERIT SYSTEMS PROTECTION BD.

No. 81-1121.

667 F.2d 882 (1981)

Rickey L. CHRISTO, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD and United States Postal Service, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1981.

Mandate Recalled, Judgment of Dismissal Vacated and Petition Transferred, February 10, 1982.

Attorney(s) appearing for the Case

Richard M. Borchers, Westminster, Colo., for petitioner.

Joseph F. Dolan, U. S. Atty., and Beverly R. Buck, Asst. U. S. Atty., Denver, Colo. (Stephen E. Alpern, Associate Gen. Counsel, Washington, D. C., and Gregg R. Sackrider, Asst. Regional Labor Counsel, U. S. Postal Service, Chicago, Ill., of counsel), for respondents.

Before SETH, Chief Judge, and PICKETT and SEYMOUR, Circuit Judges.

PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

Respondents Merit Systems Protection Board and the United States Postal Service seek dismissal...

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