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FERRANDO v. DEPARTMENT OF TRANSP., F.A.A.

Appeal Nos. 83-687 to 83-689.

771 F.2d 489 (1985)

Thomas R. FERRANDO, John M. Erickson, and Michael J. Zullo, Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 20, 1985.

Attorney(s) appearing for the Case

Alan C. Wolin, Wolin & Wolin, of Hicksville, N.Y., argued for petitioners.

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

Diane R. Liff, Office of the General Counsel, Dept. of Transp., Washington, D.C., of counsel.

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

NIES, Circuit Judge.

Petitioners Ferrando, Erickson, and Zullo, former air traffic controllers, appeal from decisions of the Merit Systems Protection Board (MSPB or board) in Case Nos. NY075281F0536, NY075281F0534, and NY075281F0842, respectively, sustaining their removal by the Department of Transportation, FAA, for striking against the United States government and absence without leave. We affirm.

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