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KERR v. NATIONAL ENDOWMENT FOR THE ARTS

Nos. 83-865, 83-866.

726 F.2d 730 (1984)

John H. KERR, Petitioner, v. NATIONAL ENDOWMENT FOR THE ARTS, Respondent.

United States Court of Appeals, Federal Circuit.

January 24, 1984.

Attorney(s) appearing for the Case

Matthew L. Myers, Washington, D.C., argued for petitioner.

Ronnie S. Alkire, 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, Washington, D.C., Susan Liberman, Washington, D.C., of counsel.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.

DAVIS, Circuit Judge.

Before us for review are two decisions of the Merit Systems Protection Board (MSPB or Board) involving the Board's cancellation of the National Endowment for the Arts' (NEA or agency) involuntary termination of petitioner John H. Kerr from his position at NEA. We vacate and remand the Board's determination of January 11, 1983, that the agency had complied with the April 9, 1981 order which had cancelled petitioner's termination, and we affirm...

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