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MASTRIANO v. F.A.A.

Appeal No. 83-735.

714 F.2d 1152 (1983)

Natale V. MASTRIANO, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 23, 1983.

Attorney(s) appearing for the Case

Thomas A. Crawford, Jr., Pittsburgh, Pa., for petitioner.

Kathleen A. Flynn, Washington, D.C., for respondent. With her on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, and Sandra P. Spooner, Asst. Director, Washington, D.C.

Before BENNETT, Circuit Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge.

BENNETT, Circuit Judge.

Petitioner, a former air traffic controller, appeals his removal by the Federal Aviation Administration (FAA) based upon his alleged participation in an illegal strike. The Merit Systems Protection Board (MSPB or board), MSPB No. PH315H81F1114 (Nov. 22, 1982), held that it lacked jurisdiction over petitioner's claim because (1) he was a probationary employee, and (2) his allegations of discrimination based upon partisan political reasons were...

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