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

Appeal No. 85-1578.

807 F.2d 943 (1986)

Linda J. DARNELL (Rose), et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

November 26, 1986.

Attorney(s) appearing for the Case

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

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

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

RICH, Circuit Judge.

This appeal is from the February 25, 1983, final decision of the Merit Systems Protection Board (board), in Nos. DC075281F1026 and DC075281F1097, sustaining the decisions of the Federal Aviation Administration (FAA) to remove petitioners Linda J. Darnell and Robert Martinkovic from their positions as air traffic controllers based on their participation in the illegal strike called in 1981 by the Professional Association of Air Traffic Controllers...

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