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ADAMS v. DEPT. OF TRANSP., FAA

Appeal Nos. 83-1155, 83-1156.

735 F.2d 488 (1984)

Richard T. ADAMS, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent. Gary S. BARACCO, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

May 18, 1984.

Attorney(s) appearing for the Case

Richard J. Leighton, Washington, D.C., argued for petitioners. With him on the brief was William C. Casano, Washington, D.C.

David M. Cohen, Washington, D.C., argued for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., Sandra Spooner and Robert A. Reutershan, Washington, D.C., Diane R. Liff, Asst. Gen. Counsel for Litigation, Dept. of Transp., Washington, D.C., of counsel.

Stephen C. Cooper and Steven Z. Cohen, Southfield, Mich., were on the brief for amicus curiae on behalf of petitioner.

Stephen I. Schlossberg, Washington, D.C., was on the brief for amicus curiae the Honorable William D. Ford.

Lois G. Williams, Director of Litigation, and Gregory O'Duden, Asst. Counsel, Washington, D.C., were on the brief for amicus curiae Nat. Treasury Employees Union.

Before MARKEY, Chief Judge, and FRIEDMAN, RICH, SMITH and NIES, Circuit Judges.

MARKEY, Chief Judge.

Appeals from decisions of the Merit Systems Protection Board (Board), Docket Numbers NY 075281F0424, DC 075281F0895, sustaining the August 1981 removal of Richard T. Adams, Gary S. Baracco, and others (Adams) by the Department of Transportation's Federal Aviation Administration (agency) from their positions as Air Traffic Control Specialists. The bases for removal constituted proven charges of striking against the United States and absence without...

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