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HORNE v. MERIT SYSTEMS PROTECTION BD.

No. 81-1457.

684 F.2d 155 (1982)

Ardith M. HORNE, et al., Petitioners, v. MERIT SYSTEMS PROTECTION BOARD and Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1982.

Attorney(s) appearing for the Case

William A. Dobrovir, Washington, D. C., with whom Joseph D. Gebhardt and Fred C. Zacharias, Washington, D. C., were on the brief, for petitioners.

Michael J. Ryan, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D. C., were on the brief, for respondents. Jane M. Edmisten, Atty., Merit Systems Protection Bd., Washington, D. C., entered an appearance for respondent Merit Systems Protection Bd.

Before BAZELON, Senior Circuit Judge, MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

Petitioners bring this action pursuant to 5 U.S.C. § 7703, seeking judicial review of a final order of the Merit Systems Protection Board ("the Board"). That order upheld action by the Interstate Commerce Commission ("the ICC") demoting petitioners Horne and Miller in salary and rank. We find that the ICC followed improper procedures in its treatment of petitioners...

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