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GEARAN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Appeal No. 87-3449.

860 F.2d 426 (1988)

Paul V. GEARAN, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent, and Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

November 1, 1988.

Attorney(s) appearing for the Case

Phillip R. Kete, of Gaffney, Schember & Kete, Washington, D.C., argued, for petitioner.

Stephen J. McHale, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief, were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, and Mary Mitchelson, Asst. Director. Of counsel, was Daniel J. Edelman, of the Dept. of Health and Human Services, Washington, D.C.

Before FRIEDMAN, NEWMAN, and ARCHER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Paul V. Gearan appeals the decision of the Merit Systems Protection Board, sub nom. Dockterman v. Department of Health and Human Servs., 33 M.S.P.R. 522 (1987), wherein the board limited Mr. Gearan's back pay to the date on which the Office of Community Services (OCS) of the Department of Health and Human Services (DHHS) filled the position to which the board found he was entitled, and rejected his request for pay back to the...

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