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HORNER v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 86-1115.

815 F.2d 668 (1987)

Constance HORNER, Director, Office of Personnel Management, Petitioner, and Richard D. Williams, Intervenor, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Mary F. Wieseman, Special Counsel, Intervenor.

United States Court of Appeals, Federal Circuit.

March 24, 1987.

Attorney(s) appearing for the Case

Michael T. Paul, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for petitioner. With him on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan. Ann Wilson and Steve Abow, Office of General Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Calvin Morrow, Merit Systems Protection Bd., Washington, D.C., argued, for respondent. With him on the brief, were Mary L. Jennings, Associate General Counsel for Litigation, Marsha E. Mouyal, Reviewer for Litigation and Bruce Mayor.

William E. Reukauf, Associate Special Counsel for Prosecution, Office of the Special Counsel, Merit Systems Protection Bd., Washington, D.C., argued, for intervenor Wieseman. With him on the brief, were John P. Gidez, Atty., Mary F. Wieseman, Special Counsel and Lynn R. Collins, Deputy Special Counsel.

Before RICH, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

The Director of the Office of Personnel Management (OPM) appeals the order of the Merit Systems Protection Board (MSPB or board), 27 M.S.P.R. 97 (1985), Docket No. HQ12068410013, finding that the Office of the Special Counsel (OSC) has authority under 5 U.S.C. § 1206(e)(1)(D) and § 1206(g)(1) (1982) to bring a disciplinary action against a federal employee. The board dismissed Count I of the disciplinary action and approved the settlement...

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