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KLINE v. DEPARTMENT OF TRANSP., F.A.A.

Appeal No. 85-1651.

808 F.2d 43 (1986)

Frank E. KLINE, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

December 24, 1986.

Attorney(s) appearing for the Case

Richard J. Leighton, Mayberry and Leighton, of Washington, D.C., argued for petitioners. With him on the brief was Douglas J. Behr.

Sandra P. Spooner, Deputy Director, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

Frank E. Kline (Kline) appeals from the decision of the Merit Systems Protection Board (Board), Docket No. CH075281F2075 (Initial Decision), sustaining his removal by the Department of Transportation, Federal Aviation Administration (agency) for absence without leave (AWOL). We vacate and remand.

BACKGROUND

Kline was on approved annual leave from August 2, 1981 through August 19, 1981. During this leave period, the agency...

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