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CERTAIN FORMER CSA EMPLOYEES v. DEPT. OF HEALTH

Misc. No. 42, Appeal No. 85-501.

762 F.2d 978 (1985)

CERTAIN FORMER CSA EMPLOYEES, Petitioners, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

May 20, 1985.

Attorney(s) appearing for the Case

Phillip R. Kete, Washington, D.C., argued, for petitioner. With him on brief was Daniel M. Schember, Gaffney, Anspach, Schember, Klimaski & Marks, P.C., Washington, D.C.

Mary Mitchelson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Washington, D.C.; Sandra Shapiro, Deputy Asst. Gen. Counsel, Washington, D.C., Daniel Edelman, Dept. of Health & Human Services, Washington, D.C., of counsel.

Before FRIEDMAN, KASHIWA and NEWMAN, Circuit Judges.

FRIEDMAN, Circuit Judge.

These appeals and a petition for mandamus raise various questions concerning the removal from the Community Services Administration of all of its employees in a reduction-in-force resulting from the abolition of that agency and the transfer of some of its functions and employees to a new agency, the Office of Community Services. The Merit Systems Protection Board (Board) upheld the removal but gave the individual employees the opportunity...

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