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WAGNER v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 85-2389.

783 F.2d 1042 (1986)

Joseph C. WAGNER, Jr., and Jeffery L. Atchley, Petitioners, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 18, 1986.

Attorney(s) appearing for the Case

Dan N. Norwood, Byrd, Cobb, Norwood, Lait, Dix & Babaoglu, Memphis, Tenn., argued for petitioners.

Robert A. Reutershan, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director. Elizabeth H. Corey, Office of the Gen. Counsel, Office of Personnel Management, of counsel. Diane R. Liff, Asst. Gen. Counsel for Litigation, Dept. of Transp., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and MILLER, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

This petition for review challenges the decision of the Merit Systems Protection Board (Board) affirming the ruling of the Office of Personnel Management (OPM) that former air traffic controllers who had been discharged for striking against the United States were not suitable for employment with the Federal Aviation Administration (Administration). We affirm.

I

The petitioners are former air traffic controllers who were discharged...

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