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  5. 776 F.2d 75 (1985)
 

JOHNSON v. ORR

Nos. 84-5877, 84-5888.

776 F.2d 75 (1985)

Roy A. JOHNSON and John J. Sheller, Appellants in No. 84-5877, v. Verne ORR, Secretary; Francis Gerard, Major General; Wilfred C. Menard, Jr., Major General; Colonel John Murphy; Brigadier General Charles Young, Air Commander; Lt. Col. Billy McDaniels, Appellees. Appeal of Verne ORR, Secretary of the Air Force, Cross-Appellant, in No. 84-5888.

United States Court of Appeals, Third Circuit.

Decided October 31, 1985.

Attorney(s) appearing for the Case

Martin Cohen (argued), American Federation of Government Employees, Philadelphia, Pa., Gay Snyder, New Brunswick, N.J., for appellants in No. 84-5877; Mark Roth, Gen. Counsel, American Federation of Government Employees, Washington, D.C., of counsel.

W. Hunt Dumont, U.S. Atty., Bette E. Uhrmacher, Asst. U.S. Atty. (argued), Trenton, N.J., for appellees.

Irwin I. Kimmelman, Atty. Gen. of the State of N.J., Dorothy Donnelly, Deputy Atty. Gen. (argued), Trenton, N.J., for Lt. Col. Billy McDaniels.

Before SEITZ, BECKER, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Plaintiffs, Roy A. Johnson and John J. Sheller, formerly employed by the New Jersey Air National Guard (ANG or the Guard) as civilian technicians, were dismissed from employment for alleged labor activities in violation of federal law. The New Jersey Adjutant General who dismissed them acted upon a pretermination recommendation of a hearing examiner for the ANG who held that the technicians had indeed violated...

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