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TONEY v. BLOCK

No. 81-2235.

705 F.2d 1364 (1983)

Robert J. TONEY, Appellant v. John R. BLOCK, Secretary of Agriculture, U.S. Department of Agriculture.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1983.

Attorney(s) appearing for the Case

Paul A. Kiefer, Washington, D.C., for appellant.

Diane M. Sullivan, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee. Kenneth M. Raisler, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before TAMM and SCALIA, Circuit Judges, and OLIVER GASCH, Senior District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge SCALIA.

Opinion filed by Circuit Judge TAMM, concurring in the result.

SCALIA, Circuit Judge:

This case is before us for the second time. A full description of the underlying facts is set forth in our first opinion, Toney v. Bergland, 645 F.2d 1063 (D.C.Cir.1981) (per curiam), and we repeat only those elements necessary...

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