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KORTE v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 85-2544.

797 F.2d 967 (1986)

Christopher K. KORTE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

July 31, 1986.

Attorney(s) appearing for the Case

Joseph P. Cyr, Shearman & Sterling, New York City, argued for petitioner. With him on brief was Clarence W. Olmstead, Jr.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Asst. Atty. Gen. Civ. Div., David M. Cohen, Director and Robert A. Reutershan. W. Scott Burke, General Counsel and Carrol H. Kinsey, Jr., Atty., Office of the General Counsel, Office of Personnel Management, of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

Petitioner Korte appeals from the final decision of the Merit Systems Protection Board (Board), Docket No. NY07318510161, which affirmed a decision of the Office of Personnel Management (OPM) determining that he was not suitable for a position as an air traffic controller in connection with his application for employment with the Federal Aviation Administration (FAA). We affirm.

BACKGROUND

Petitioner is a former air traffic...

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