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SCHULTZ v. DEPARTMENT OF TRANSP., FAA

Appeal No. 85-979.

773 F.2d 296 (1985)

Ervin SCHULTZ, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

September 16, 1985.

Attorney(s) appearing for the Case

Carl H. DeBroux, N. Aurora, Ill., argued for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Washington, D.C.

Before FRIEDMAN, Circuit Judge, MILLER, Senior Circuit Judge, and NIES, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) in a consolidated proceeding affirming the removal of the petitioner as an air traffic controller for participating in the 1981 illegal air traffic controllers' strike. We affirm.

I

The basic facts relating to the air traffic controllers' strike have been set forth in our opinion in Schapansky v. Department of Transportation, FAA,

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