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WEIRAUCH v. DEPARTMENT OF ARMY

Appeal No. 85-2290.

782 F.2d 1560 (1986)

F. Robert WEIRAUCH, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

January 30, 1986.

Attorney(s) appearing for the Case

Ernest C. Hadley, Passman and Broida, Washington, D.C., argued for petitioner. With him on brief was Edward H. Passman.

Robert A. Reutershan, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Hilliary Stern. Captain Richard O. Hatch, Dept. of the Army, Office of the Judge Advocate General, Washington, D.C., of counsel.

Before DAVIS, BALDWIN and NIES, Circuit Judges.

NIES, Circuit Judge.

Petitioner F. Robert Weirauch seeks review of the final decision of the Merit Systems Protection Board (MSPB or board), 26 M.S.P.R. 53 (1985), sustaining the Department of the Army's removal of Weirauch under Chapter 43 from his position as Morale Support Officer. We affirm.

Background

In September, 1981, Weirauch assumed the position of Morale Support Officer with the Department of the Army in Aschaffenburg, Germany....

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