ANDERSON v. DEPT. OF TRANSP., FAA

Appeal No. 83-1153.

735 F.2d 537 (1984)

Kipp ANDERSON, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondents.

United States Court of Appeals, Federal Circuit.

May 18, 1984.


Attorney(s) appearing for the Case

Thomas H. Bornholdt, Overland Park, Kan., argued for petitioners.

Robert A. Reutershan, Washington, D.C., argued for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, and Sandra P. Spooner, Asst. Director, 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 in support of petitioners.

Edward J. Hickey, Jr., Gen. Counsel, Public Employees Dept. AFL-CIO, Washington, D.C., was on the brief as amicus curiae in support of petitioner.

H. Craig Becker, Washington, D.C., was on the brief as amicus curiae in support of petitioner.

Mitchell Notis, Staff Counsel, American Federation of Government Employees, Washington, D.C., was on the brief as amicus curiae in support of petitioners.

Marci B. Seville, Burton F. Boltuch and Jonathan H. Siegel, of counsel, Oakland, Cal., was on the brief as amicus curiae in support of petitioners.

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


NIES, Circuit Judge.

The petitioners of this appeal are former air traffic controllers employed at Olathe Route Air Traffic Control Center (ARTCC) in Olathe, Kansas. As in the related cases decided today, petitioners seek reversal of a decision by the Merit Systems Protection Board (board) upholding the adverse actions taken by the Department of Transportation's Federal Aviation Administration against each of the petitioners.

The petitioners here raise numerous...

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