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CHENNAULT v. DEPARTMENT OF NAVY

Appeal No. 86-687.

796 F.2d 465 (1986)

Essie M. CHENNAULT, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

July 22, 1986.

Attorney(s) appearing for the Case

Peter M. Broida, of Passman & Broida, Washington, D.C., for petitioner.

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

Before FRIEDMAN, DAVIS and NEWMAN, Circuit Judges.

DAVIS, Circuit Judge.

Essie M. Chennault was a secretary with a San Diego unit of the Navy. She was terminated in November 1983 for unacceptable performance under 5 U.S.C. Chapter 43. The Merit Systems Protection Board (MSPB or Board) finally upheld that removal in its Opinion and Order of September 17, 1985, 29 M.S.P.R. 122. The only issue now raised before us is whether there was sufficient proof that the applicable Navy...

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