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CHENEY v. DEPARTMENT OF JUSTICE

Appeal No. 83-751.

720 F.2d 1280 (1983)

Leon A. CHENEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

November 9, 1983.

Attorney(s) appearing for the Case

Keith E. Farr, Waco, Tex., for petitioner.

Sharon Y. Eubanks, Washington, D.C., for respondent. J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen and Randall B. Weill, Washington, D.C., were on the brief for respondent.

Before RICH and DAVIS, Circuit Judges, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge.

This is a former government employee's appeal from a decision of the Merit Systems Protection Board (MSPB) which affirmed petitioner Cheney's dismissal from employment as a Deputy United States Marshal. The only serious issue is whether the dismissal is invalid because of harmful error in application of the agency's procedures, before the case ever reached the MSPB. 5 U.S.C. § 7701(c)(2)(A). We agree with the MSPB that there occurred...

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