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JOHNSON v. DEPARTMENT OF TREASURY

Appeal No. 83-684.

721 F.2d 361 (1983)

James W. JOHNSON, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

November 18, 1983.

Attorney(s) appearing for the Case

Jessie James, Jr., and Michelle C. White, Washington, D.C., submitted for petitioner.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Donnie Hoover and Robert G. Giertz, Washington, D.C., submitted for respondent; Suzanne Wilson, Bureau of Engraving and Printing, Dept. of the Treasury, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, and DAVIS and SMITH, Circuit Judges.

DAVIS, Circuit Judge.

James W. Johnson's motion for a third continuance of the hearing in the administrative appeal of his removal from the position of plate printer at the Bureau of Engraving and Printing1 was denied by the presiding official of the Merit Systems Protection Board (MSPB or Board). When petitioner and his counsel both failed to appear at the scheduled hearing, the presiding official decided the case on the existing record...

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