SMITH v. UNITED STATES POSTAL SERVICE

Appeal No. 85-2168.

789 F.2d 1540 (1986)

Kenneth D. SMITH, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

April 24, 1986.


Attorney(s) appearing for the Case

Stephen M. Zeitlin, Headley & Zeitlin, Brooklyn, N.Y., for petitioner.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Karen S. Fishman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent; Stephen E. Alpern, Associate Gen. Counsel and Eric J. Scharf, U.S. Postal Service, of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN and NEWMAN, Circuit Judges.


MARKEY, Chief Judge.

Kenneth D. Smith (Smith) appeals from a decision of the Merit Systems Protection Board (board), 26 M.S.P.R. 185, sustaining his removal from United States Postal Service (Postal Service) for assaulting a police officer. We affirm.

Background

(1) The Removal

In March 1982, the Postal Service sought to remove Smith for "engaging in a physical altercation with another postal employee." Smith filed a grievance...

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