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HALE v. DEPARTMENT OF TRANSP., F.A.A.

Appeal No. 85-1139.

772 F.2d 882 (1985)

Barry L. HALE and Judson B. Hudson, Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

September 12, 1985.

Attorney(s) appearing for the Case

Robert M. White, White & Selkin, Norfolk, Va., argued for petitioners. With him on brief was Neil C. Bonney, Norfolk, Va.

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

Diane R. Liff, Office of Gen. Counsel, Dept. of Transp., Washington, D.C., of counsel.

Before MARKEY, Chief Judge, RICH and SMITH, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the October 24, 1984, 24 M.S.P.R. 1, final split decision of the Merit Systems Protection Board (board), Nos. PH075281F0855 (Hale) and PH075281F0858 (Hudson), reversing the initial decision of the presiding official and sustaining the decision of the Federal Aviation Administration (agency) to remove petitioners Hale and Hudson (petitioners) from their positions as air traffic controllers...

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