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STANKIS v. E.P.A.

Nos. 82-4240, 82-4261.

713 F.2d 1181 (1983)

Glenn A. STANKIS, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

September 9, 1983.

Attorney(s) appearing for the Case

David T. Lopez, Houston, Tex., for petitioner.

James R. Gough, Jim C. Ezer, Linda M. Cipriani, Asst. U.S. Attys., Houston, Tex., Harles R. Benthul, Office of Counsel, Region VI, Dallas, Tex., for respondent.

Evangeline W. Swift, Mary L. Jennings, Deborah A. Stover-Springer, Gen. Counsels, Merit Systems, Protection Bd., Washington, D.C., for intervenor.

Before INGRAHAM, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge.

An employee of the Environmental Protection Agency challenges the standard of review that the Merit Systems Protection Board (MSPB) used in upholding the denial of his periodic within-grade increase in salary. 5 U.S.C. § 7703. We hold that the proper standard for MSPB review is "preponderance of the evidence" rather than "substantial evidence," and remand to the Merit Systems Protection Board for reconsideration.

Petitioner...

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