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COVINGTON v. DEPT. OF HEALTH & HUMAN SERV.

Appeal No. 84-976.

750 F.2d 937 (1984)

Elias COVINGTON, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

December 18, 1984.

Attorney(s) appearing for the Case

John I. Heise, Jr., Heise, Jorgensen & Stefanellie, P.C., Silver Spring, Md., argued for petitioner. With him on the brief was John P. Rhody, Jr., Silver Spring, Md., of counsel.

M. Susan Burnett, Dept. of Justice, Washington, D.C., argued for respondent.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan and Lynn J. Bush, Washington, D.C., Dept. of Justice, were on the brief for appellee. Florence Asnes, Dept. of Health and Human Services, Rockville, of counsel.

Before MILLER, Circuit Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

This is an appeal from a final decision of the Merit Systems Protection Board (Board), Case No. DC03518210591. The issue is whether petitioner's retirement from federal service was deemed voluntary or involuntary, in the context of a reduction-in-force action. The Board held petitioner's retirement to be voluntary and therefore dismissed his appeal challenging the agency's action. For the reasons...

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