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MERCER v. DEPT. OF HEALTH & HUMAN SERVICES

Appeal No. 85-1008.

772 F.2d 856 (1985)

Theodore MERCER, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

August 30, 1985.

Attorney(s) appearing for the Case

Peter B. Broida, Passman & Broida, Washington, D.C., argued for petitioner.

Stuart James, 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.

Charlotte Hardnett, Dept. of Health and Human Services, Philadelphia, Pa., of counsel.

Before BALDWIN, NEWMAN and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

Theodore Mercer appeals from the final order of the Merit Systems Protection Board (MSPB or Board), 24 M.S.P.R. 368, sustaining his removal from the position of a claims services clerk, GS-3, with the Department of Health and Human Services, Social Security Administration (agency). We reverse-in-part, vacate-in-part, and remand.

BACKGROUND

On November 20, 1981, the agency proposed to suspend Mercer for two reasons: sleeping...

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