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TOWERS v. HORNER

Nos. 85-3001, 85-3172.

791 F.2d 1244 (1986)

Joseph A. TOWERS, Plaintiff-Appellee, v. Constance HORNER, Director, Office of Personnel Management of the United States, and J.K. Bratton, Chief of Engineers of the United States Army, Defendants-Appellants. Joseph A. TOWERS, Plaintiff-Appellant, v. Constance HORNER, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 1986.

Attorney(s) appearing for the Case

John S. Koppel, William Kanter, Justice Dept., Deborah Ruth Kant, Washington, D.C., for defendants-appellants.

Keith Vetter, New Orleans, La., for plaintiff-appellee.

Alfred F. Belcuore, Washington, D.C., Malcom W. Monroe, New Orleans, La., for amicus curiae.

Before WISDOM, RUBIN, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

Joseph Towers, a civilian attorney employed by the Army Corps of Engineers, seeks judicial review of the government's decision not to reclassify his position of employment. We conclude that the Civil Service Reform Act of 1978 permits review of the decision only through the Office of Special Counsel of the Merit Systems Protection Board.

I.

Towers served as district counsel to the New Orleans District of the United States Army...

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