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SPEZZAFERRO v. F.A.A.

Appeal No. 86-1026.

807 F.2d 169 (1986)

Guy SPEZZAFERRO, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

December 5, 1986.

Attorney(s) appearing for the Case

William J. Lafferty, Boston, Mass., argued for petitioners.

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

Before SMITH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

BENNETT, Senior Circuit Judge.

This is an appeal from the final decision of the Merit Systems Protection Board (MSPB or board) in Spezzaferro v. Federal Aviation Administration, 29 M.S.P.R. 412 (1985), which denied a back pay claim that the calculation of overtime payments to reinstated air traffic controllers by the Federal Aviation Administration (FAA or agency) was improper and which also denied an extensive discovery request for agency payroll records....

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