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

Appeal No. 85-1745. MSPB Docket Nos. PH075281F1025, PH075281F1049, PH075281F1068, PH075281F1079 and PH075281F1080.

794 F.2d 673 (1986)

Joseph E. STUMPF and James R. Brickner, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

June 30, 1986.

Attorney(s) appearing for the Case

Richard J. Leighton, Mayberry & Leighton, Washington, D.C., argued, for petitioners. With him on brief were Risa D. Sandler and Margaret S. Dailey, Washington, D.C.

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

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

DAVIS, Circuit Judge.

Five former air controllers from the Pittsburgh facility, who were removed for participating in the August 1981 strike, appeal in this case from the decisions of the Merit Systems Protection Board (MSPB or Board), sustaining their removal. We affirm.1

Without again reviewing the circumstances of the strike or the general air controller arguments that have been rejected in Schapansky v. Department of Transportation...

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