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KUMP v. DEPARTMENT OF TRANSP., FAA

Appeal No. 85-931.

767 F.2d 889 (1985)

Mark R. KUMP, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

July 12, 1985.

Attorney(s) appearing for the Case

Michael D. Quayle, Green, Merrigan, Johnson & Quayle, P.A., of Minneapolis, Minn., submitted for petitioner.

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

Diane R. Liff, Office of the General Counsel, 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 from a decision of the Merit Systems Protection Board (Board) affirming the removal of the petitioner from his position as an air traffic controller for participating in the illegal nationwide air traffic controllers' strike of 1981, 16 M.S.P.R. 592. We affirm and, because the appeal is frivolous, we assess costs and attorney's fees of $500 in favor of the government against the petitioner and his attorney.

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