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CRISPIN v. DEPT. OF COMMERCE

Appeal No. 83-1368.

732 F.2d 919 (1984)

Ann CRISPIN, Petitioner, v. DEPARTMENT OF COMMERCE, Respondent.

United States Court of Appeals, Federal Circuit.

April 19, 1984.

Attorney(s) appearing for the Case

Phillip R. Kete, Washington, D.C., for petitioner. Robin M. Gerber, Washington, D.C., was on the brief.

Sandra P. Spooner, Washington, D.C., for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Washington, D.C., and Beacham O. Brooker, Jr., Bethesda, Md.; Jon Pearson, Dept. of Commerce, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and KASHIWA, Circuit Judge.

KASHIWA, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) affirming petitioner's reassignment pursuant to an agency-wide reduction in force (RIF). Petitioner appeals the decision on the grounds that she was denied a hearing on the question of whether her competitive level was properly established. Because we hold that petitioner was entitled to a hearing on this issue, we vacate that portion of the Board's decision determining...

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