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GRAFTON v. DEPARTMENT OF TREASURY

No. 88-3209.

864 F.2d 140 (1988)

W. Lloyd GRAFTON, Petitioner, v. DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

December 29, 1988.

Attorney(s) appearing for the Case

William M. Pace, Aberdeen, Miss., argued for petitioner.

Frederick A. Battista, Office of Chief Counsel, Bureau of Alcohol, Tobacco, and Firearms, Dept. of the Treasury, of Washington, D.C., argued for respondent. With him on the brief was Michelle Davis, Asst. Chief Counsel. Also on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director Robert A. Reutershan, Asst. Director and Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, Washington, D.C.

Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge.

COWEN, Senior Circuit Judge.

W. Lloyd Grafton (petitioner) appeals from the final decision of the Merit Systems Protection Board (MSPB or board), Docket No. DA07528710466, which sustained his removal by the Department of the Treasury's Bureau of Alcohol, Tobacco, and Firearms (the agency) from his position as a Criminal Investigator (Special Agent). We vacate and remand for the imposition of a lesser penalty.

BACKGROUND

The agency based its removal...

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