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CURRAN v. DEPARTMENT OF TREASURY

No. 82-7367.

714 F.2d 913 (1983)

James H. CURRAN, Petitioner, v. DEPARTMENT OF THE TREASURY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1983.

As Modified November 7, 1983.

Attorney(s) appearing for the Case

Andrew R. Krakoff, Assoc. Gen. Counsel, San Francisco, Cal., for petitioner.

Sandra Willis, Asst. U.S. Atty., San Francisco, Cal., for respondent.

Before HUG, POOLE and NORRIS, Circuit Judges.

HUG, Circuit Judge:

James Curran was removed from his position as a special agent for the United States Customs Service when he refused to comply with an involuntary lateral transfer order. After a hearing before an administrative law judge of the Merit Systems Protection Board ("MSPB"), the agency was ordered to reinstate Curran. However, the MSPB reversed its ALJ's decision, concluding the agency's action was based on legitimate management considerations. In reviewing...

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