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MIGUEL v. DEPT. OF ARMY

Appeal No. 83-878.

727 F.2d 1081 (1984)

Maria S. MIGUEL, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

February 7, 1984.

Attorney(s) appearing for the Case

Susan Silber, Takoma Park, Md., for petitioner. With her on the brief was Burton F. Boltuch, and Marci Seville, Oakland, Cal.

M. Susan Burnett, Washington, D.C., for respondent. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director, Washington, D.C.

Before KASHIWA, Circuit Judge, NICHOLS, Senior Circuit Judge, and BENNETT, Circuit Judge.

BENNETT, Circuit Judge.

Maria S. Miguel (petitioner) appeals from a final order of the Merit Systems Protection Board (MSPB), No. SF07528110898 (January 31, 1983), that denied review of the presiding official's decision sustaining her removal based on unauthorized possession of government property. Petitioner asserts that her removal was unlawful for the following reasons: (1) the penalty imposed was so disproportionately harsh as to constitute an abuse of discretion...

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