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HAYES v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Nos. 86-893, 86-928, 86-942, 87-3028 and 87-3032.

829 F.2d 1092 (1987)

Beverly HAYES, et al., Petitioners, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

September 17, 1987.

Attorney(s) appearing for the Case

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

Linda Maramba, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief was Dan Edelman, Dept. of Health and Human Services, of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and BENNETT, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

These are consolidated appeals that challenge on various grounds decisions of the Merit Systems Protection Board (Board), (1) holding that 15 of the petitioners properly had been denied positions at the newly created Office of Community Services upon the loss of their positions at the Community Services Administration in a reduction in force resulting from the abolition of the latter agency, and (2) limiting the back pay of the sixteenth petitioner...

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