PITTMAN v. MERIT SYSTEMS PROTECTION BD.

No. 87-3215.

832 F.2d 598 (1987)

Homer L. PITTMAN, Jr., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

November 4, 1987.


Attorney(s) appearing for the Case

Neil C. Bonney, White and Selkin, Norfolk, Va., argued for petitioner. With him on the brief was Robert M. White.

Helene M. Goldberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

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


DAVIS, Circuit Judge.

Petitioner Pittman was a First Technician with the Department of the Army. The agency placed him on enforced leave because he could not safely perform the full range of his regular physical duties, consistent with his medical restrictions. He appealed to the Merit Systems Protection Board (MSPB or Board), 33 M.S.P.R. 67, on the ground that a greater-than-14 day suspension had been imposed on him. The...

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