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FITZGERALD v. DEPARTMENT OF TRANSP., F.A.A.

Appeal No. 85-1833.

798 F.2d 461 (1986)

David A. FITZGERALD, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

August 8, 1986.

Attorney(s) appearing for the Case

Richard J. Leighton, Buchanan Ingersoll, Professional Corp., Washington, D.C., argued for petitioners. With him on the brief, were Risa D. Sandler, Margaret S. Dailey and Glenn P. Sugameli.

Sandra P. Spooner, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale.

Before RICH and DAVIS, Circuit Judges, and COWEN, Senior Circuit Judge.

DAVIS, Circuit Judge.

This appeal is from a reconsideration decision of the full Merit Systems Protection Board (MSPB or Board),1 overturning an earlier full Board Opinion in this case, and ultimately sustaining the removal of the four petitioners by the Department of Transportation, Federal Aviation Administration (FAA), from their positions as air traffic controllers, for participating in the illegal nationwide Professional Association...

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