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BRENNAN v. DEPARTMENT OF HEALTH & HUMAN SERVICES

Appeal No. 85-2477.

787 F.2d 1559 (1986)

Jerry G. BRENNAN, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

April 3, 1986.

Attorney(s) appearing for the Case

Glenn W. Denham, Denham & Nagle, Middlesboro, Kentucky, argued, for petitioner.

Ronald A. Schechter, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett. Ellen Dickstein Kominers, Office of the General Counsel, Dept. of Health and Human Services, of counsel.

Glenn R. Lawrence, President, Federal Admin. Law Judge Conference, Washington, D.C., was on brief amicus curiae.

Before MARKEY, Chief Judge, SMITH and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

This is an appeal from the decision of the Merit Systems Protection Board (Board), Docket No. HQ75218210010, 27 M.S.P.R 242 (1985), affirming the recommended decision to suspend for 60 days Jerry G. Brennan (petitioner), a Social Security Administration (agency) administrative law judge (ALJ). We affirm.

BACKGROUND

The agency proposed the removal of petitioner on April 2, 1982, pursuant to 5 U.S.C. § 7521(a) (1982), on...

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