DARBY v. INTERNAL REVENUE SERVICE

No. 80-2506.

672 F.2d 192 (1982)

Ollie M. DARBY and William Gonzales, Petitioners, v. INTERNAL REVENUE SERVICE and Merit Systems Protection Board, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1982.

As Amended March 5, 1982.


Attorney(s) appearing for the Case

Joseph V. Kaplan with whom Robert M. Tobias and William F. White, Washington, D. C., were on the brief for petitioners. John F. Bufe, Washington, D. C., also entered an appearance for petitioners.

Carmen M. Shepard, Dept. of Justice, with whom Alexander Younger, Dept. of Justice, Washington, D. C., and Tom E. Crowe, Internal Revenue Service, Philadelphia, Pa., were on the brief for respondents.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., at the time the case was filed, also entered an appearance for respondents.

Before WALD, MIKVA, and GINSBURG, Circuit Judges.


Opinion Per Curiam.

PER CURIAM:

Raising issues similar to those decided today by Drew v. Department of the Navy, 672 F.2d 197 (D.C.Cir.1982), petitioners Darby and Gonzales appeal from Merit Systems Protection Board ("MSPB" or "Board") orders approving their dismissal from the Internal Revenue Service ("IRS") for deficient performance of their duties. Petitioners argue that...

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