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HACKETT v. OFFICE OF PERSONNEL MANAGEMENT

No. 81-3505.

721 F.2d 580 (1983)

Arthur E. HACKETT, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Norman G. Zemmelman, Britz & Zemmelman, Toledo, Ohio, for petitioner.

Evangeline Swift, General Counsel, Merit Systems Protection Board, William Kanter, U.S. Dept. of Justice, Appellate Section — Civil Div., Washington, D.C., Patrick J. Foley, Louise L. Hill, Asst. U.S. Attys., Toledo, Ohio, for respondent.

Before LIVELY, Chief Circuit Judge, CONTIE, Circuit Judge, and SILER, District Judge.

SILER, District Judge.

The petitioner, a former postal worker, appeals from a decision of the Merit Systems Protection Board (MSPB) affirming a denial of disability retirement benefits under the Civil Service Retirement Act of 1920. He suffered a back injury while on duty on September 23, 1979. When he returned to work on orders from the Toledo, Ohio, Post Office, he alleged he could not perform certain tasks assigned, so he was sent home because there were no jobs...

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