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TRIOLA v. DEPARTMENT OF TRANSP., FAA

Appeal No. 85-1312.

769 F.2d 760 (1985)

Frank T. TRIOLA, Jr., Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

August 2, 1985.

Attorney(s) appearing for the Case

Frank Triola, Jr., of Port Jefferson, New York, pro se.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Dir., and Sandra P. Spooner, Asst. Dir., Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., submitted for respondent.

Diane R. Liff, Asst. Gen. Counsel for Litigation, Dept. of Transp., of Washington, D.C., of counsel.

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

FRIEDMAN, Circuit Judge.

This is an appeal by a former air traffic controller from the decision of the Merit Systems Protection Board (Board) affirming his removal as an air traffic controller for participation in the 1981 illegal air traffic controllers' strike. We affirm and, because this appeal is frivolous, we assess costs and attorney's fees of one hundred dollars ($100) against the petitioner.

1. The basic facts relating to the air traffic controllers...

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