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YACOVONE v. BOLGER

No. 79-2043.

645 F.2d 1028 (1981)

Joseph A. YACOVONE v. William F. BOLGER, Postmaster General of the U. S. et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 1981.

Attorney(s) appearing for the Case

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and Peter E. George, Asst. U. S. Attys., and Stephen E. Alpern, Associate Gen. Counsel, United States Postal Service, Washington, D. C., were on brief, for appellants. Ann S. DuRoss, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellants.

Leonard W. Belter, Washington, D. C., with whom C. Dennis Ahearn, Washington, D. C., was on brief, for appellee.

Before WRIGHT, TAMM, and MacKINNON, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this case we are called upon to decide whether the United States Postal Service exceeded its statutory authority in dismissing one of its employees. Two issues are raised: whether the Service was arbitrary or capricious in its decision that the dismissal promoted the "efficiency of the service" within the meaning of the relevant statute; and whether the dismissal was barred by a state...

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