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ACERNO v. DEPARTMENT OF HEALTH & HUMAN SERVICES

Appeal Nos. 86-932, 86-933, 86-935, 86-944 and 86-985.

815 F.2d 680 (1987)

Robert L. ACERNO, Dara L. Anderson, Lucille M. Watson, Vito M. Pizzi, Ethel G. Hudgins and Linda Pilgrim, Petitioners, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

April 1, 1987.

Attorney(s) appearing for the Case

Phillip R. Kete, Takoma Park, Md., argued for petitioners.

Jonathan Baker, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Mary Mitchelson, Asst. Director. Marge McAuliffe, Legal Asst., Office of General Counsel, Dept. of Health and Human Services, Washington, D.C., of counsel.

Before FRIEDMAN, NEWMAN and ARCHER, Circuit Judges.

FRIEDMAN, Circuit Judge.

These are five consolidated appeals from decisions of the Merit Systems Protection Board (Board) holding that the retention priority rights of the six petitioners were not violated when they were separated from their positions at the Community Services Administration through a reduction in force. We affirm the Board's decision sustaining the separation of petitioners Hudgins, Pilgrim, and Pizzi, but reverse and remand the decisions sustaining...

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