BURIANI v. DEPARTMENT OF AIR FORCE

Appeal No. 85-1890.

777 F.2d 674 (1985)

Rudolph BURIANI, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

November 8, 1985.


Attorney(s) appearing for the Case

Charles L. Wiest, Jr., of Vickers, Moore and Wiest, P.C., St. Louis, Mo., argued for petitioner.

Alvin A. Schall, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director, (Curtis L. Bentz, Major, USAF, Office of the Judge Advocate General, of counsel).

Before BENNETT, NIES and BISSELL, Circuit Judges.


NIES, Circuit Judge.

Petitioner Rudolph Buriani seeks review of the decision of the Merit Systems Protection Board (MSPB or board), 29 M.S.P.R. 226, sustaining his demotion from Flight Instructor GM-2181-13, an air reserve technician (ART) position, to Public Affairs Specialist, GS-1035-09, a non-ART position. We affirm on different grounds.

Background

Major Buriani occupied a civilian position in the Air Force which required his maintaining...

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