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KLEIN v. DEPT. OF TRANSP., F.A.A.

Appeal No. 85-938.

768 F.2d 336 (1985)

Robert J. KLEIN and Joseph F. Meehan, Petitioners, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

July 25, 1985.

Attorney(s) appearing for the Case

William F. Murphy, Rhinelander, Wis., argued for petitioners.

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

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

FRIEDMAN, Circuit Judge.

This petition to review challenges the decision of the Merit Systems Protection Board (Board) affirming the Federal Aviation Administration's removal of the petitioners from their positions as air traffic controllers for participation in the illegal 1981 air traffic controllers' strike. We affirm and, because the appeal is frivolous, we assess costs and attorney's fees of five hundred dollars ($500) against the petitioners and their attorney...

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