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OULVEY v. VETERAN'S ADMINISTRATION

No. 81-1943.

690 F.2d 681 (1982)

Eugene OULVEY, Petitioner, v. VETERAN'S ADMINISTRATION, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Francis L. Ruppert, Terrance L. Farris, Clayton, Mo., for petitioner.

Thomas E. Dittmeier, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., for respondent.

Before HEANEY and ROSS, Circuit Judges, and HENLEY, Senior Circuit Judge.

PER CURIAM.

Eugene Oulvey instituted this action against the Veteran's Administration to protest his termination from the position of claims examiner without first being provided a termination hearing. The Veteran's Administration contends that Oulvey was a probationary employee at the time of his discharge and thus not entitled to a termination hearing.

The Merit Systems Protection Board (Board) found that Oulvey was a career-conditional appointment, and...

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