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PARKER v. U.S. POSTAL SERVICE

Appeal No. 86-1587.

819 F.2d 1113 (1987)

Stanley B. PARKER, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

May 20, 1987.

Attorney(s) appearing for the Case

Keith C. Kyles, Evans, Willis, Stotts & Kyles, of Memphis, Tenn., argued, for petitioner.

Linda T. Maramba, 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 Robert A. Reutershan, Asst. Director. Stephen E. Alpern, Associate General Counsel and Lori Joan Dym, Office of Labor Law, U.S. Postal Service, Washington, D.C., of counsel.

Before NEWMAN, BISSELL and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

The decision of the Merit Systems Protection Board (MSPB or board), MSPB No. AT07528510387, 31 M.S.P.R. 58, sustaining the United States Postal Service's (Postal Service or agency) removal of petitioner Stanley B. Parker (Parker) from his position as a distribution clerk (Grade 5) is affirmed.

Background

Parker was indicted on January 28, 1985 by a Federal grand jury on the felony charge that he and another individual "being...

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