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MASSA v. DEPARTMENT OF DEFENSE

Appeal No. 86-1404.

815 F.2d 69 (1987)

Edmund J. MASSA, Jr., Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

United States Court of Appeals, Federal Circuit.

March 25, 1987.

Attorney(s) appearing for the Case

George F. Kelly, of Ryan & White, Springfield, Mass., argued, for petitioner; with him on the brief was Marcia Brayton Julian, of Ryan & White, Springfield, Mass.

Diane L. Donley, of the 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; of counsel was John Monahan, of the Defense Logistics Agency, Boston, Mass.

Before MARKEY, Chief Judge, and NIES and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

Petitioner Edmund J. Massa, Jr. (Massa) appeals from the final decision of the Merit Systems Protection Board (Board), 30 M.S.P.R. 570, affirming Massa's removal from the Department of Defense (agency) based on his acceptance of gratuities from an agency contractor in the years 1981, 1982, 1983 and 1984. We reverse.

BACKGROUND

Massa was employed by the agency as a supervisory quality assurance specialist, GS-12. He was required...

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