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TOEPFER v. DEPARTMENT OF TRANSPORTATION, FAA

Appeal No. 85-2822.

792 F.2d 1102 (1986)

Thomas A. TOEPFER, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

Phillip S. Wood, Pasky & Wood, Aurora, Ill., submitted for petitioner. With him on the brief was Gary Ethan Klein.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, Deputy Director and Eva Plaza, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for respondent.

Before BALDWIN, NIES and ARCHER, Circuit Judges.

ORDER

NIES, Circuit Judge.

The motion for hearing and other relief filed May 2, 1986, by Phillip Wood and Gary Ethan Klein, counsel for petitioner in the captioned proceedings, is denied. On April 11, 1986, this court issued its opinion affirming the removal of Thomas A. Toepfer for striking against the government and being absent without leave. As part of that decision, this court held:

This appeal is frivolous. Counsel has failed to distinguish...

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