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CECIL v. DEPARTMENT OF TRANSP., FAA

Appeal No. 83-1168.

767 F.2d 892 (1985)

William CECIL, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

July 12, 1985.

Attorney(s) appearing for the Case

Andrew Mead von Salis, Solerwitz, Solerwitz & Leeds, of Mineola, N.Y., for petitioner. With him on the brief was Jack B. Solerwitz, Mineola, N.Y.

Sandra P. Spooner, Asst. Director, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., for respondent. With her on the brief were J. Paul McGrath, Asst. Atty. Gen. and David M. Cohen, Washington, D.C., Director.

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

PER CURIAM.

This is an appeal from a decision of the Merit Systems Protection Board ("MSPB") sustaining the Department of Transportation Federal Aviation Administration's ("agency") removal of petitioner for his participation in an illegal strike against the Government and absence without leave. We affirm that decision on the basis of the MSPB's opinion, and, because we conclude that the appeal is frivolous, assess costs and attorney fees of five hundred dollars ...

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