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NOVOTNY v. DEPT. OF TRANSP., F.A.A.

Appeal No. 83-1161.

735 F.2d 521 (1984)

John A. NOVOTNY, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

May 18, 1984.

Attorney(s) appearing for the Case

Jack B. Solerwitz, Mineola, N.Y., argued for petitioner.

M. Susan Burnett, Washington, D.C., argued for respondent, J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner and Lorraine B. Halloway, Washington, D.C., were on the brief.

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

RICH, Circuit Judge.

This appeal is from the April 25, 1983, decision of the Merit Systems Protection Board (Board) sustaining the removal of John A. Novotny from his position as Air Traffic Control Specialist at the Denver Air Route Traffic Control Center. Novotny's discharge was based on the grounds that he was absent from his position without leave and that he participated in a strike against the United States. We affirm.

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