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BOOK v. UNITED STATES POSTAL SERVICE

No. 81-1665.

675 F.2d 158 (1982)

Robert W. BOOK, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1982.

Attorney(s) appearing for the Case

Robert B. Scism, R. Wayne Saubert, Scalise, Scism, Gentry, Brick & Brick, Des Moines, Iowa, for petitioner.

Kermit B. Anderson, U. S. Atty., S. D. Iowa, Des Moines, Iowa, Stephen E. Alpern, Associate Gen. Counsel, U. S. Postal Service, Washington, D. C., Gregg R. Sackrider, Senior Asst. Regional Labor Counsel, U. S. Postal Service, Chicago, Ill., for respondent.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and OVERTON, District Judge.

PER CURIAM.

Robert W. Book, formerly the postmaster of Shenandoah, Iowa, petitions this court pursuant to 5 U.S.C. § 7703(c) for review of a decision of the Merit Systems Protection Board (MSPB). The MSPB had sustained Book's dismissal from the postmaster position. On appeal Book asserts (1) that dismissal was an unconscionably harsh sanction that amounted to action that was arbitrary, capricious and an abuse of discretion by the agency; (2) that the dismissal...

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