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BEARDMORE v. DEPARTMENT OF AGRICULTURE

Appeal No. 85-517.

761 F.2d 677 (1985)

Willis R. BEARDMORE, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Michael P. Miller, Weinburg, Ziff & Miller, Palo Alto, Cal., for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Asst. Director and Beacham O. Brooker, Jr., Washington, D.C.

Virginia Strasser, Office of the General Counsel, Dept. of Agriculture, Washington, D.C., of counsel.

Before BALDWIN, KASHIWA, and MILLER, Circuit Judges.

JACK R. MILLER, Circuit Judge.

Petitioner is a former employee of the Agricultural Marketing Service ("AMS"), United States Department of Agriculture ("USDA" or "agency"). Prior to his removal, he had been an employee of the agency for twenty-four years. Effective January 6, 1984, he was removed from his position of Agricultural Commodity Grader, GS-1980-10, for failure to accept an ordered reassignment from San Jose, California, to a position of like grade and pay...

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