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BREWER v. AMERICAN BATTLE MONUMENTS COM'N

Appeal No. 85-2044.

779 F.2d 663 (1985)

Morris V. BREWER, Petitioner, v. AMERICAN BATTLE MONUMENTS COMMISSION, Respondent.

United States Court of Appeals, Federal Circuit.

December 12, 1985.

Attorney(s) appearing for the Case

Keith R. Anderson, Schwalb, Donnenfeld, Bray & Silbert, Washington, D.C., argued for petitioner. With him on the brief was James K. Stewart, Washington, D.C., Leodis C. Matthews and Robert J. Fiore, O'Haire, Fiore & von Maur, Frankfort, West Germany, of counsel.

Terrance S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Washington, D.C.

Before FRIEDMAN, BALDWIN, and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The decision of the Merit Systems Protection Board (the board), 23 M.S.P.R. 554, reinstating petitioner's reduction in grade and refusing on jurisdictional grounds to review his transfer to another post is vacated, and remanded for reconsideration of the propriety of the penalty imposed, in view of our conclusion that both the demotion and the transfer were inseparable parts of the adverse personnel action.

OPINION

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