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COOPER v. TENNESSEE VALLEY AUTHORITY

Appeal No. 83-810.

723 F.2d 1560 (1983)

Kenneth M. COOPER, Petitioner, v. TENNESSEE VALLEY AUTHORITY, Respondent.

United States Court of Appeals, Federal Circuit.

December 14, 1983.

Attorney(s) appearing for the Case

Don W. Poole, Chattanooga, Tenn., submitted for petitioner.

James E. Fox, Assoc. Gen. Counsel, Knoxville, Tenn., argued for respondent, Tennessee Valley Authority. With him on the brief were Herbert S. Sanger, Jr., Gen. Counsel, Justin M. Schwamm, Sr. Asst. Gen. Counsel, and A. Jackson Woodall, Jr., Knoxville, Tenn.

David M. Cohen, Robert E. Richardson, Washington, D.C., argued for Dept. of Justice.

Before FRIEDMAN and SMITH, Circuit Judges, and NICHOLS, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) upholding the action of the Tennessee Valley Authority (TVA) in terminating the petitioner's employment with that agency as a result of a reduction in force.

The case presents two issues. The petitioner challenges the application of the reduction-in-force procedures to him and urges that he was improperly discharged thereunder. There is also a dispute between...

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