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STERNER v. DEPARTMENT OF ARMY

Appeal No. 60-82.

711 F.2d 1563 (1983)

Stanley STERNER, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 5, 1983.

Attorney(s) appearing for the Case

Peter B. Broida, Washington, D.C., for petitioner.

Robert A. Reutershan, Washington, D.C., for respondent. J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner and Judith E. Cohn, Washington, D.C., were on brief for respondent. Curt Schmauder, Army Corps of Engineers, of counsel.

Before RICH, MILLER and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

Petitioner appeals from the decision of the Merit Systems Protection Board (board) denying his petition for attorney's fees under the Civil Service Reform Act of 1978. We affirm.

I.

Petitioner was a computer operator with the Department of the Army. He was removed, effective February 23, 1981, on the basis of five charges of misconduct. Petitioner admitted two of the charges...

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