JOHNSON v. DEPT. OF TRANSP., FAA

Appeal No. 83-664.

735 F.2d 510 (1984)

Louis T. JOHNSON, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

May 18, 1984.


Attorney(s) appearing for the Case

Julian A. Wilhelm, Washington, D.C., argued for petitioners. With him on the brief were J. Thomas Burch, Jr., and David W. McDonald, Washington, D.C.

Sandra P. Spooner, Washington, D.C., argued for respondent. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C.

Joseph B. Scott, Washington, D.C., Donald L. Cox, Louisville, Ky., and Richard Frank, Tampa, Fla., were on the brief for amicus curiae.

Evangeline W. Swift, Gen. Counsel, Mary L. Jennings and David C. Kane, Washington, D.C., was on the statement in lieu of brief for the Merit Systems Protection Bd.

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

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


FRIEDMAN, Circuit Judge.

The principal issue in this case, which is on a petition to review a decision of the Merit Systems Protection Board (Board), is whether in affirming the decision of the Federal Aviation Administration (Administration) removing the petitioner from his position as an air traffic controller for participation in the illegal air traffic controllers' strike in August 1981, the Board properly rejected the petitioner's contention that his absence...

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