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COSEY v. DEPARTMENT OF THE NAVY

No. 81-2078.

689 F.2d 470 (1982)

Michael S. COSEY, Petitioner, v. The DEPARTMENT OF THE NAVY of the United States of America, Respondent. Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Andrew M. Sacks, Norfolk, Va. (Sacks, Sacks & Larkin, Norfolk, Va., on brief), for petitioner.

Larry W. Shelton, Asst. U. S. Atty., Norfolk, Va., Mary Jennings, Washington, D. C. (Elsie L. Munsell, U. S. Atty., on brief) and (Evangeline W. Swift, Mitchell Albert, Merit Systems Protection Bd., Alex H. Adkins, Dept. of the Navy, Washington, D. C., on brief), for respondent.

Before RUSSELL, WIDENER and MURNAGHAN, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This is an appeal from a decision of the Merit Systems Protection Board affirming the termination of the petitioner's employment as an electroplater helper at the Naval Air Rework Facility at the Naval Base in Norfolk, Virginia. The basis for the petitioner's termination was his alleged possession and attempted sale of marijuana to military personnel at a transient barracks at the Naval Station.1 The Board...

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