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VanFOSSEN v. DEPT. OF HOUSING & URBAN DEVELOPMENT

Appeal No. 84-1220.

748 F.2d 1579 (1984)

John M. VanFOSSEN, Petitioner, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 5, 1984.

Attorney(s) appearing for the Case

Peter B. Broida, Passman & Broida, Washington, D.C., argued for petitioner.

Joan M. Blumberg, Atty., Commercial Litigation Branch, Civil Division, Dept. of Justice, Washington, D.C., argued for respondent. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director; Diane DiQuinzio, Dept. of Housing and Urban Development, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS, and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

Petitioner VanFossen seeks review of a final decision of the Merit Systems Protection Board (Board), Docket No. PH07528310109, sustaining his removal for violating the standards of conduct. We vacate and remand.

BACKGROUND

In July 1977, VanFossen, then a GS-12, multi-family appraiser for the Department of Housing and Urban Development (HUD or agency), requested and received from...

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