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WARREN v. DEPARTMENT OF ARMY

Appeal No. 86-817.

804 F.2d 654 (1986)

Walter A. WARREN, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

October 24, 1986.

Attorney(s) appearing for the Case

Amy Wind, Kator, Scott and Heller, Washington, D.C., argued for petitioner. With her on the brief was Irving Kator.

Scott A. Harbottle, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan and Stephen J. McHale. Charles B. Hernicz, U.S. Army, Office of the Staff Judge Advocate, Fort McPherson, Georgia, of counsel.

Before NIES, Circuit Judge, NICHOLS, Senior Circuit Judge and ARCHER, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Walter A. Warren (Warren) appeals the decision of the Merit Systems Protection Board (MSPB or board), 29 M.S.P.R. 292, sustaining the decision of the Department of the Army (DOA) at Fort McPherson, Georgia, removing him from a position as a Computer Specialist for unacceptable performance, 5 U.S.C. § 4303. The board declined to review the initial decision of its presiding official, making that decision its own. We affirm.

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