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WADE v. DEPARTMENT OF NAVY

No. 87-3230.

829 F.2d 1106 (1987)

Bennie L. WADE, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

September 18, 1987.

Attorney(s) appearing for the Case

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

Jonathan S. 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 Thomas W. Petersen, Asst. Director. Also on the brief was Alex H. Adkins, Office of Civilian Personnel Management, Norfolk, Va., of counsel.

Before DAVIS, Circuit Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge.

SKELTON, Senior Circuit Judge.

DECISION

The decision of the Merit Systems Protection Board (MSPB or the Board), Docket No. PH07528610510, 32 MSPR 642, sustaining the Department of the Navy's removal of Bennie L. Wade for unauthorized absence from his job, is reversed and remanded.

OPINION

The petitioner, Bennie L. Wade (petitioner or Wade), was employed as a warehouse worker at the Norfolk Naval...

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