HAMBSCH v. DEPARTMENT OF TREASURY

Appeal No. 85-2681.

796 F.2d 430 (1986)

Anthony R. HAMBSCH, III, Petitioner, v. DEPARTMENT OF The TREASURY, United States Secret Service, Respondent.

United States Court of Appeals, Federal Circuit.

July 3, 1986.


Attorney(s) appearing for the Case

Brian W. Shaughnessy, Shaughnessy, Borowski & Gagner, of Washington, D.C., argued, for petitioner.

Ralph A. Mittelberger, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director, James Snyder, Office of Legal Counsel, U.S. Secret Service, Washington, D.C., of counsel.

Before DAVIS and NIES, Circuit Judges, and SWYGERT, Senior Circuit Judge.


SWYGERT, Senior Circuit Judge.

This case concerns a decision of the Merit Systems Protection Board ("MSPB" or "the Board") affirming the Department of the Treasury's decision to remove the petitioner, Anthony R. Hambsch, from the Department of the Treasury's Uniformed Secret Service Division ("the Service"). It requires this court to consider, among other things, the constitutionality of a regulation of the Service that limits the right of members of that Division...

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