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LIZUT v. DEPARTMENT OF ARMY

No. 83-786.

717 F.2d 1391 (1983)

Otto H. LIZUT, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

September 28, 1983.

Attorney(s) appearing for the Case

Robert M. White, Norfolk, Va., argued for petitioner.

Randall B. Weill, Washington, D.C., argued for respondent. With him on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Donnie Hoover, Washington, D.C.

Before FRIEDMAN, RICH, and BALDWIN, Circuit Judges.

BALDWIN, Circuit Judge.

This appeal is from a decision of the Merit Systems Protection Board (board) dated November 30, 1982, in which the board upheld the removal of petitioner from his position with the Department of the Army (agency). Petitioner challenges the board's ruling that the agency had no obligation to file for disability retirement on his behalf instead of instituting a removal action. He also contends that the presiding official improperly refused to...

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