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STATE OF MINN., DJT v. MERIT SYS. PROTECTION BD.

No. 87-5346.

858 F.2d 433 (1988)

STATE OF MINNESOTA, DEPARTMENT OF JOBS AND TRAINING, Appellees, v. MERIT SYSTEMS PROTECTION BOARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1988.

Rehearing Granted and Opinion Vacated November 16, 1988.

Attorney(s) appearing for the Case

Martha B. Schneider, Washington, D.C., for appellant.

Rebecca H. Hamblin, St. Paul, Minn., for appellees.

Before ARNOLD, Circuit Judge, and ROSS and TIMBERS, Senior Circuit Judges.

Rehearing En Banc Granted and Opinion Vacated November 16, 1988.

ROSS, Senior Circuit Judge.

The Merit Systems Protection Board (the Board) appeals from the district court's determination that the Board abused its discretion by ordering the removal of Thomas J. Kehoe, upon finding that Kehoe willfully violated the Hatch Political Activities Act (Hatch Act), 5 U.S.C. §§ 1501-1508, by running for partisan political office while a state employee in...

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