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AMERICAN FEDERATION OF GOV. EMPLOYEES v. O'CONNOR

Nos. 84-5410, 84-5414.

747 F.2d 748 (1984)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Appellants, v. K. William O'CONNOR, Special Counsel, Merit Systems Protection Board. NATIONAL TREASURY EMPLOYEES UNION, Appellant, v. K. William O'CONNOR, Special Counsel, Merit Systems Protection Board.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 1984.

Attorney(s) appearing for the Case

Gregory O'Duden, Washington, D.C., with whom Lois G. Williams, Washington, D.C., was on the brief, for appellant, Nat. Treasury Employees Union in No. 84-5414.

Mitchell Jay Notis, Washington, D.C., with whom Mark D. Roth, Washington, D.C., was on the brief, for appellants, American Federation of Government Employees, AFL-CIO, et al. in No. 84-5410.

Neil H. Koslowe, Sp. Litigation Counsel, Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Leonard Schaitman, Asst. Director, Dept. of Justice, Washington, D.C., were on the brief, for appellee in Nos. 84-5410 and 84-5414.

John Vanderstar and Arthur B. Spitzer, Washington, D.C., were on the brief for amici curiae American Civil Liberties Union and Project Vote!, urging reversal.

Before MIKVA, EDWARDS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring Statement filed by Circuit Judge EDWARDS.

Dissenting Opinion filed by Circuit Judge MIKVA.

GINSBURG, Circuit Judge:

The American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU) appeal a district court judgment declaring that an advisory opinion of K. William O'Connor, Special Counsel of the Merit Systems Protection Board (MSPB), "does...

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