LOVSHIN v. DEPARTMENT OF NAVY

Appeal No. 84-1002.

767 F.2d 826 (1985)

Albert J. LOVSHIN, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

June 21, 1985.


Attorney(s) appearing for the Case

Douglas Stenzel, Ventura, Cal., argued for petitioner.

Charles Schlumberger, Commercial Litigation Branch, 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 M. Susan Burnett, Washington, D.C.; Dale Birdoff, Dept. of the Navy, Washington, D.C., of counsel.

Evangeline W. Swift, Gen. Counsel, Mary L. Jennings, Associate Gen. Counsel for Litigation and Marsha E. Mouyal, Office of the Gen. Counsel, Merit Systems Protection Bd., Washington, D.C., were on brief, for intervenor, Merit Systems Protection Board.

Before MARKEY, Chief Judge, FRIEDMAN, RICH and DAVIS, Circuit Judges, SKELTON, Senior Circuit Judge, BALDWIN, KASHIWA and BENNETT, Circuit Judges, MILLER, Senior Circuit Judge, SMITH, NIES, NEWMAN and BISSELL, Circuit Judges.


NIES, Circuit Judge.

I.

In this appeal, this court must consider the effect of amendments to Chapters 43 and 75 of Title 5 made by the Civil Service Reform Act of 1978, Pub.L. 95-454, 92 Stat. 1121 (CSRA). Petitioner, Albert Lovshin, was removed from his position as Electronics Engineer for the Department of the Navy (agency) at the Naval Ship Weapons Engineering Station, Port Hueneme, California, effective November...

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