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CALLAHAN v. DEPT. OF NAVY

Appeal No. 84-1447.

748 F.2d 1556 (1984)

Theodore CALLAHAN, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

November 13, 1984.

Attorney(s) appearing for the Case

Michael A. Nardolilli, Baker & Daniels, Washington, D.C., argued for petitioner.

Eileen P. Fennessy, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, and Robert A. Reutershan, Washington, D.C.; Stephanie G. Weldon, Deputy Counsel, and Demetria T. Carter, Associate Counsel, Washington, D.C., of counsel.

Before DAVIS, KASHIWA and NEWMAN, Circuit Judges.

DAVIS, Circuit Judge.

The main issue presented for review is whether the Merit Systems Protection Board (MSPB or Board) erred in conducting a hearing at which petitioner inexcusably failed to appear. A preliminary question is whether petitioner's failure was unjustified. We hold first, that Callahan's non-appearance was inexcusable, and, second, that, when an employee is absent from a Board hearing without justification, the proper procedure is for the Board to consider...

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