Appeal No. 83-1210.

727 F.2d 1535 (1984)

Loyce E. HAYES, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

February 9, 1984.

Attorney(s) appearing for the Case

Albert J. Ahern, Jr., Bailey's Crossroads, Va., argued for petitioner.

Robert A. Reutershan, Washington, D.C., argued for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Washington, D.C., and Naomi J. Miske, Alexandria, Va.

Before BENNETT, MILLER and SMITH, Circuit Judges.

BENNETT, Circuit Judge.

This is an appeal from a final order of the Merit Systems Protection Board (MSPB or board), No. DC 07528110859, 83 FMSR ¶ 5129, in the matter of Hayes v. Department of the Navy. On review, the MSPB affirmed the January 20, 1982 decision of the presiding official, Washington Regional Office, sustaining petitioner's discharge by the Department of the Navy (agency) from the position of Mechanical Planner-Estimator, effective September...

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