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FRANKS v. NIMMO

No. 81-2187.

683 F.2d 1290 (1982)

John J. FRANKS, M.D., Plaintiff-Appellee, v. Robert P. NIMMO, in his official capacity as U. S. Administrator of Veterans Affairs; U. S. Veterans Administration; T. P. Mullon, in his official capacity as VA Regional Administrator, Midwestern Region; Mansell G. Piper, individually and in his official capacity as Medical Center Director, Veterans Administration Medical Center, Denver, Colorado; William S. Hammond, M.D., individually and in his official capacity as Chief of Staff, VAMC, Denver, Colorado and Philip A. Varneck, individually and in his official capacity as Personnel Officer, VAMC, Denver, Colorado, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 18, 1982.

Attorney(s) appearing for the Case

Sheila H. Meer, Denver, Colo. (Jack Kintzele, Denver, Colo., with her on the brief), for plaintiff-appellee.

Nancy E. Rice, Asst. U. S. Atty., Denver, Colo. (Robert N. Miller, U. S. Atty., Denver, Colo., with her on the brief), for defendants-appellants.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

This appeal by defendants below, hereinafter jointly referred to as Veterans Administration or VA, is taken from the district court's issuance of a preliminary injunction sought by plaintiff-appellee, John J. Franks, M.D. (Dr. Franks), arising from an administrative proceeding undertaken by VA to determine whether Dr. Franks should be removed from his full-time salaried administrative position as Associate Chief of Staff for Research and Development...

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