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FILIBERTI v. MERIT SYSTEMS PROTECTION BD.

Nos. 85-7010, 85-7354.

804 F.2d 1504 (1986)

Ernest J. FILIBERTI & Domell Dysthe, Petitioners-Appellants, v. MERIT SYSTEMS PROTECTION BOARD, Respondent-Appellee. Ernest J. FILIBERTI, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1986.

Attorney(s) appearing for the Case

Robert A. Reutershaun, Asst. Director, Commercial Litigation Branch, Civ. Div., Dept. of Justice, Washington, D.C., for petitioners-appellants.

Calvin M. Morrow, Office of the Gen. Counsel, Merit Systems Protection Bd., Washington, D.C., for respondent-appellee.

Before GOODWIN, WALLACE, and ANDERSON, Circuit Judges.

WALLACE, Circuit Judge:

Filiberti and Dysthe appeal from a Merit Systems Protection Board (Board) ruling upholding a determination by an Administrative Law Judge (ALJ) that they improperly influenced an applicant for a position to withdraw his application from consideration. The Board had jurisdiction pursuant to 5 U.S.C. § 1205(a)(1). We have jurisdiction under 5 U.S.C. § 1207(c). We affirm the Board's decision except for the penalty ultimately given to...

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