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MITCHUM v. TENNESSEE VALLEY AUTHORITY

Appeal No. 84-1268.

756 F.2d 82 (1985)

Bobby H. MITCHUM, Petitioner, v. TENNESSEE VALLEY AUTHORITY, Respondent.

United States Court of Appeals, Federal Circuit.

February 27, 1985.

Attorney(s) appearing for the Case

R. Jan Jennings, Branstetter, Kilgore, Stranch & Jennings, Nashville, Tenn., for petitioner.

Harriet A. Cooper, Knoxville, Tenn., argued for respondent. With her on the brief were Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel and Justin M. Schwamm, Sr., Asst. Gen. Counsel, Knoxville, Tenn.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.

RICH, Circuit Judge.

This appeal is from the final decision of the Merit Systems Protection Board (board), 20 M.S.P.R. 117, sustaining the Tennessee Valley Authority (TVA) action removing petitioner from his position as a Heavy Equipment Operator. The final order of the full board modified the presiding official's decision of May 21, 1982, which mitigated the removal to a thirty (30) day suspension. We reverse the decision of the full board and order that the presiding...

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