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MAYO v. HODEL

No. 83-1830.

741 F.2d 441 (1984)

James W. MAYO, Appellant, v. Donald P. HODEL, Secretary, U.S. Department of Energy.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1984.

Attorney(s) appearing for the Case

Gary Howard Simpson, Bethesda, Md., for appellant.

Carolyn Galbreath, Sp. Asst. U.S. Atty., of the Bar of the Supreme Court of Ohio, pro hac vice, by special leave of the court, for appellee. Joseph E. DiGenova, U.S. Atty., Washington, D.C., with whom Royce C. Lamberth, R. Craig Lawrence, Robert C. Seldon and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before TAMM and EDWARDS, Circuit Judges, and CLEMENT F. HAYNSWORTH, Jr., Senior Circuit Judge for the Fourth Circuit.

HAYNSWORTH, Senior Circuit Judge:

A former executive of the Department of Energy contested his release in 1981. The Merit Systems Protection Board upheld his release, and the district court upheld that judgment. We now affirm.

I.

The plaintiff was employed as a scientific advisor to the Assistant Secretary of Energy Technology pursuant to § 621 of the Department of Energy Organization Act, 42 U.S.C.A. § 7231. That section authorized the...

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