Joseph C. SPAGNOLA, Jr.
v.
William MATHIS, Office of Management and Budget, et al., Appellants.
Joseph C. SPAGNOLA
v.
William MATHIS, et al., Appellants.
Joseph C. SPAGNOLA, Jr., Appellant,
v.
William MATHIS, Office of Management & Budget, et al.
Michael E. HUBBARD, Appellant,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Administrator, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 29, 1987.
Decided September 30, 1988.
Attorney(s) appearing for the Case
George M. Chuzi, Washington, D.C., for appellant in No. 84-5822.
Peter B. Broida, Washington, D.C., for appellant in No. 85-5145.
Joseph B. Kennedy with whom Thomas M. Devine, Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the brief, for amici curiae, The Government Accountability Project and the American Civil Liberties Union of the National Capital Area urging affirmance of the panel decision in No. 84-5822.
Stuart H. Newberger, Asst. U.S. Atty., for appellees in both cases, with whom Joseph E. diGenova, U.S. Atty.,* Royce C. Lamberth, Asst. U.S. Atty.,* R. Craig Lawrence, Michael L. Martinez and Scott T. Kragie, Asst. U.S. Attys., were on the brief for appellees in No. 85-5145, and with whom Joseph E. diGenova, U.S. Atty.,* Royce C. Lamberth* and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief for appellees in No. 84-5822.
Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellees in No. 84-5822.
Edith S. Marshall, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellees in No. 85-5145.
Before WALD, Chief Judge, ROBINSON, MIKVA, EDWARDS, RUTH B. GINSBURG, BORK, STARR, SILBERMAN, BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
On December 5, 1986, two panels of this circuit issued separate, conflicting opinions regarding the availability of Bivens1 remedies to litigants challenging federal personnel actions for whom Congress has declined to provide full administrative remedies subject to judicial review under the Civil Service Reform Act (CSRA).2See Hubbard v. EPA,
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