Constance HORNER, Director, Office of Personnel Management, Petitioner,
v.
Stanley ANDRZJEWSKI, et al., Respondents.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
January 29, 1987.
January 29, 1987.
Attorney(s) appearing for the Case
Hillary A. Stern, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Robert A. Reutershan, Attorney, Dept. of Justice, Washington, D.C. Of counsel were W. Scott Burke, General Counsel, Steve Abow, Attorney, Office of the General Counsel, and Michael J. Horowitz, Counsel to the Director, Office of Personnel Management.
Stuart Kirsch, of the American Federation of Government Employees, AFL-CIO, College Park, Georgia, argued for respondent. With him on the brief was Mark Roth, of the American Federation of Government Employees, AFL-CIO, College Park, Georgia.
Marsha Mouyal, of the Merit Systems Protection Board, argued for intervenor MSPB. With her on the brief was Mary L. Jennings, Associate General Counsel for Litigation, Merit Systems Protection Board.
Before BALDWIN, and NICHOLS, Senior Circuit Judges, and NIES, Circuit Judge.
United States Court of Appeals, Federal Circuit.
NIES, Circuit Judge.
Petitioner appeals from a decision of the Merit Systems Protection Board holding the emergency exception, 5 C.F.R. § 752.404(d)(2),1 to the statutory requirement of thirty days advance written notice and opportunity for reply to any adverse action, 5 U.S.C. § 7513(b) (1982),2 is invalid. We reverse that decision and remand for a determination...
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