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A.P.W.U. v. U.S. POSTAL SERVICE

Nos. 85-5632, 85-5653.

830 F.2d 294 (1987)

AMERICAN POSTAL WORKERS UNION, AFL-CIO, et al., v. UNITED STATES POSTAL SERVICE, Appellant. AMERICAN POSTAL WORKERS UNION, AFL-CIO, Appellant, 480-481 Area Local, et al. v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

John D. Bates, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Washington, D.C., and Mitchell Rand, Asst. U.S. Attys. were on the brief for, U.S. Postal Service, appellant in No. 85-5632 and cross-appellee in No. 85-5653. Mitchell Berger and Michael Joseph Ryan, Asst. U.S. Attys., Washington, D.C., entered appearances for U.S. Postal Service.

Penny Ann Pilzer, of the Bar of the District of Columbia Court of Appeals, pro hac vice by special leave of Court, with whom Anton G. Hajjar, Washington, D.C., was on the brief for American Postal Workers Union, AFL-CIO, appellees in No. 85-5632 and cross-appellants in No. 85-5653. Darryl J. Anderson, Washington, D.C., entered an appearance for American Postal Workers Union, AFL-CIO.

Arthur B. Spitzer, Washington, D.C., for amicus curiae, ACLU, urging modification and affirmance of the District Court's decision.

Before WALD, Chief Judge, RUTH BADER GINSBURG and BORK, Circuit Judges.

WALD, Chief Judge:

The United States Postal Service appeals from an order of the District Court directing it to reinstate discharged postal worker Joseph Gordon. The District Court concluded that, in dismissing Gordon, the Postal Service was motivated by a desire to punish his exercise of constitutionally protected speech and accordingly ordered that Gordon be reinstated to his prior position. Nevertheless, the District Court held that some punishment short of discharge...

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