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BANKS v. F. A. A.

No. 82-4086 Summary Calendar.

687 F.2d 92 (1982)

James BANKS and Harold E. Faulkner, Petitioners, v. FEDERAL AVIATION ADMINISTRATION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

September 27, 1982.

Attorney(s) appearing for the Case

Alan F. Zvolanek, Albuquerque, N. M., for petitioners.

William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for respondents.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This case involves a final order of the Merit Systems Protection Board upholding the discharge of two United States Civil Service employees. They petitioned for review, pursuant to 5 U.S.C. § 7703. We reverse and remand.

In 1980, James Banks and Harold E. Faulkner (controllers) were Air Traffic Control Specialists at the Fort Worth Air Traffic Control Center. Their supervisor suspected them of drug usage, and they were...

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