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CRIVELLI v. DEPT. OF TRANSP.

Appeal No. 85-1773.

794 F.2d 666 (1986)

Michael CRIVELLI, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Douglas J. Behr, Mayberry & Leighton, Washington, D.C., for petitioners. Richard J. Leighton, Risa D. Sandler and Margaret S. Dailey, Buchanan Ingersoll, Professional Corp., Washington, D.C., were on brief for petitioners.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen Director and Sandra P. Spooner, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on brief for respondent.

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

COWEN, Senior Circuit Judge.

The petitioners, Michael Crivelli and Stuart Morse, formerly employed at the air traffic control facility in Ronkonkoma, New York, appeal from a decision of the Merit Systems Protection Board (Board), affirming their removal for participation in the 1981 illegal air traffic controllers' strike. We affirm the decision of the Board in the case of Michael Crivelli, but we vacate and remand the decision in the case of Stuart Morse.

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