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

Appeal No. 85-1579.

795 F.2d 71 (1986)

Bruce L. DYSTHE, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

June 30, 1986.

Attorney(s) appearing for the Case

Douglas J. Behr, Mayberry & Leighton, Washington, D.C., argued, for petitioners. Richard J. Leighton, Risa D. Sandler and Margaret S. Dailey, Mayberry & Leighton, Washington, D.C., were on brief, for petitioners.

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.

Before RICH and DAVIS, Circuit Judges, and COWEN, Senior Circuit Judge.

DAVIS, Circuit Judge.

These appeals are by a number of former air controllers employed at South Dakota or North Dakota facilities, who were removed for participating in the August 1981 strike and for being absent without leave at that time. Their separation was affirmed by the presiding official of the Merit Systems Protection Board (MSPB or Board) and the full Board denied review. After oral argument, we affirm the MSPB decisions...

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