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DEVINE v. PASTORE

No. 82-1716.

732 F.2d 213 (1984)

Donald J. DEVINE, Director, Office of Personnel Management, Petitioner, v. Joseph M. PASTORE, Jr., Arbitrator, National Treasury Employees Union, and James Estrella, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1984.

Attorney(s) appearing for the Case

John M. Rogers, Atty., Dept. of Justice, Washington, D.C., for petitioner. J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, William Kanter and Carlene V. McIntyre, Attys., Dept. of Justice, Washington, D.C., were on the brief, for petitioner. Wendy M. Keats and Howard S. Scher, Attys., Dept. of Justice, Washington, D.C., also entered appearances for petitioner.

Richard S. Edelman, Washington, D.C., for respondents. Robert M. Tobias, John F. Bufe, Lois G. Williams and Sharyn Danch, Washington, D.C., were on the brief, for respondents.

Before BORK and SCALIA, Circuit Judges, and WILLIAMS, Senior District Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Petitioner, Director of the Office of Personnel Management, seeks review of an order of arbitrator Joseph M. Pastore, Jr., mitigating the penalty of removal imposed by the Customs Service against James Estrella, a Customs Inspector, for the theft of merchandise entrusted to him. Because we find that the arbitrator erred in making his own assessment of an appropriate penalty rather...

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