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MOYLAN v. DEPT. OF TRANSP., FAA

Appeal No. 83-1150.

735 F.2d 524 (1984)

Stephen J. MOYLAN, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

May 18, 1984.

Attorney(s) appearing for the Case

Robert M. Archer, Mineola, N.Y., argued for petitioner. With him on the brief were Lois Carter Schlissel and Ronald E. Sommer, Mineola, N.Y.

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

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

PER CURIAM.

This is an appeal from a decision of the Merit Systems Protection Board (Board) affirming the Federal Aviation Administration's (agency's) decision to remove the petitioner from his job as an air traffic controller. We affirm.

Prior to August 3, 1981, the petitioner served as an air traffic controller at the New York Air Route Traffic Control Center at Ronkonkoma, New York. On August 3, 1981, the Professional Air Traffic Controllers Organization...

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