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WEATHERFORD v. DOLE

No. 84-1252.

763 F.2d 392 (1985)

Harry L. WEATHERFORD, Plaintiff-Appellant, v. Elizabeth DOLE, Secretary of Transportation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 6, 1985.

Attorney(s) appearing for the Case

Billy J. Hendrix, Oklahoma City, for plaintiff-appellant.

Peter R. Maier, Appellate Staff, Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen.; Anthony J. Steinmeyer, Appellate Staff, Dept. of Justice, Washington, D.C., and William S. Price, U.S. Atty., Oklahoma City, with him on the brief) for defendant-appellee.

Before HOLLOWAY, Chief Judge, and McWILLIAMS and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

Harry L. Weatherford was employed in a GS-14 position as a Deputy Chief of the Oklahoma City, Oklahoma Radar Approach Control/Air Traffic Control Tower. The Federal Aviation Administration (FAA) conducted a special evaluation of the Oklahoma City Tower. After a week-long evaluation, the FAA found safety problems throughout the operations of the Oklahoma City Tower, and, as a result thereof, various personnel in the Tower were reassigned...

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