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ROGERS v. DEPT. OF DEFENSE DEPENDENTS SCHOOLS

Appeal No. 86-888.

814 F.2d 1549 (1987)

David C. ROGERS, Sr. and the Overseas Education Association, Petitioners, v. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS, GERMANY REGION, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 1987.

Attorney(s) appearing for the Case

Richard J. Hirn, Washington, D.C., argued for petitioners. With him on brief was Michael Mauer, APO New York, of counsel.

Karen S. Fishman, Commercial Litigation Branch, Department of Justice, Washington, D.C., argued for respondent. With her on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett, Asst. Director. Karen S. Davis, Deputy Gen. Counsel, Office of Dependents Schools, Department of Defense, of counsel.

Before DAVIS, SMITH and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

David C. Rogers, Sr.1 seeks review of a Federal Mediation & Conciliation Service Opinion and Award sustaining the decision of the Department of Defense Dependents Schools, Germany Region (DODDS or agency), to remove him for unacceptable performance pursuant to 5 U.S.C. § 4303 (1982). We affirm the arbitrator's award.

BACKGROUND

Rogers was a social...

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