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WHITE v. UNITED STATES POSTAL SERVICE

Appeal No. 85-710.

768 F.2d 334 (1985)

Harold G. WHITE, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

July 25, 1985.

Attorney(s) appearing for the Case

Alfred J. Weisbrod of Alfred J. Weisbrod Co., L.P.A., Troy, Ohio, argued for petitioner. With him on brief was William K. James.

William J. Snider, 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 M. Susan Burnett, Asst. Director; Stephen E. Alpern, Associate Gen. Counsel, Washington, D.C., Kevin B. Rachel, U.S. Postal Service, Washington, D.C., of counsel.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.

BALDWIN, Circuit Judge.

The decision of the Merit Systems Protection Board (board), 22 M.S.P.R. 452, ___ MSPB ___, affirming petitioner's removal for off-duty misconduct, is affirmed.

Background

While driving his automobile on a darkened country road at approximately 10:00 p.m. on June 20, 1981, Harold G. White, petitioner, hit two bicycle riders. One bicycle rider was left dead at the scene; the...

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