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  5. 794 F.2d 1575 (1986)
 

BERGH v. DEPARTMENT OF TRANSP.

Appeal Nos. 85-1102, 85-1103, 85-1106, 85-1108, 85-1240 to 85-1243 and 85-1245.

794 F.2d 1575 (1986)

P.M. BERGH, et al., Milton C. Croissant, et al., Larry L. Johnson, et al., John C. Holen, et al., Myron L. Thomson, et al., John W. Karr, et al., Stuart F. Etter, et al., Melvin L. Beebe, et al., William C. Johnson, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

July 2, 1986.

Attorney(s) appearing for the Case

Samuel J. Imperati, Aitchison, Imperati, Paull, Barnett & Sherwood, P.C., Portland, Or., argued, for petitioners. With him on brief, was James S. Coon, Paul Drachler, Gibbs, Douglas, Theiler & Drachler, Seattle, Wash., were on brief, for petitioner.

Sandra P. Spooner, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With her on brief, were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director. Diane R. Liff, Office of the General Counsel, Dept. of Transp., Washington, D.C., of counsel.

Before FRIEDMAN, SMITH, and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

In this petition for review, former air traffic controllers challenge the decisions of the Merit Systems Protection Board (Board) upholding their removal by the Federal Aviation Administration (Administration) for participating in the illegal 1981 strike on various grounds. A major contention is that the Administration acted improperly by reinstating other controllers whom it also had removed for striking but not reinstating the petitioners...

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