FERRONE v. DEPARTMENT OF LABOR

Appeal No. 86-696.

797 F.2d 962 (1986)

Fred FERRONE, Petitioner v. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Federal Circuit.

July 28, 1986.


Attorney(s) appearing for the Case

John Carney, Solerwitz & Leeds, Mineola, N.Y., for petitioner.

Terrence S. Hartman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With him on brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett. Michael J. Ward, Jr., Dept. of Labor, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.


NICHOLS, Senior Circuit Judge.

The respondent says this case is unique, and we agree, but it is likely of repetition. Petitioner, Fred Ferrone, formerly a criminal investigator for the Department of Labor (DOL), petitions from an initial decision of a Merit Systems Protection Board (MSPB or board) presiding official, sustaining an agency decision to remove him. The board refused to review it, making it final, 29 M.S.P.R. 185. The sustained ground was refusal to obey...

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