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MIZERAK v. ADAMS

No. 876, Docket 81-6188.

682 F.2d 374 (1982)

John MIZERAK, III, Plaintiff-Appellant, v. Brock ADAMS, United States Secretary of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1982.

Attorney(s) appearing for the Case

Philip D. O'Donnell, Herkimer, N. Y., for plaintiff-appellant.

George A. Yanthis, Asst. U. S. Atty., Albany, N. Y. (George H. Lowe, U. S. Atty., Albany, N. Y., on brief), for defendants-appellees.

Before LUMBARD and NEWMAN, Circuit Judges, and CURTIN, District Judge.

NEWMAN, Circuit Judge:

John Mizerak III appeals from an April 20, 1981 order of the District Court for the Northern District of New York (Howard G. Munson, Chief Judge), dismissing, on cross-motions for summary judgment, his complaint challenging a February 19, 1980 decision of the Merit Systems Protection Board (MSPB).1 That decision had upheld Mizerak's loss of his civil service position as an air traffic controller with the Federal...

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