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GARROW v. GRAMM

No. 87-5273.

856 F.2d 203 (1988)

George L. GARROW, Jr., Appellant, v. Wendy Lee GRAMM, Chairman, Commodity Futures Trading Commission, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1988.

Attorney(s) appearing for the Case

Kirk T. Manhardt, Atty., Commodity Futures Trading Com'n, with whom Jay L. Witkin, Deputy General Counsel, Commodity Futures Trading Com'n, Washington, D.C., was on the brief, for appellee. Robin A. Rosenbluth, Atty., Commodity Futures Trading Com'n, Washington, D.C., also entered an appearance for appellee.

Joseph B. Scott, with whom Douglas B. Huron, Washington, D.C., was on the brief, for appellant.

Before MIKVA and BUCKLEY, Circuit Judges, and GARTH, U.S. Senior Circuit Judge, for the Third Circuit.

Opinion for the Court filed by Senior Circuit Judge GARTH.

GARTH, Senior Circuit Judge:

Plaintiff-appellant, George L. Garrow, Jr. ("Garrow") commenced this action against defendant-appellee, Susan M. Phillips, Chairman of the Commodity Futures Trading Commission ("CFTC"), alleging that he possessed a property right in his federal employment, and that his Fifth Amendment rights were violated when he was terminated from his position as an attorney for the CFTC...

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