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BEARD v. GENERAL SERVICES ADMIN.

Appeal No. 85-2035.

801 F.2d 1318 (1986)

Robert BEARD, Petitioner, v. GENERAL SERVICES ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

September 19, 1986.

Attorney(s) appearing for the Case

Phillip R. Kete, Washington, D.C., for petitioner.

George M. Beasley, III, Sr. Trial Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With him on brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Lloyd L. Hurst, Office of Regional Counsel, Gen. Services Admin., San Francisco, Cal., of counsel.

Before FRIEDMAN, BALDWIN, and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

The petitioner Beard challenges the decision of the Merit Systems Protection Board (Board) affirming his removal from the General Services Administration (GSA or agency) on the grounds that (1) critical findings of the Board are not supported by substantial evidence, and (2) the Board was required itself to determine the appropriate penalty for the violations found instead of reviewing the agency's choice of penalty to determine whether it...

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