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NATIONAL TREASURY EMPLOYEES UNION v. HORNER

Nos. 87-5102, 87-5191.

854 F.2d 490 (1988)

NATIONAL TREASURY EMPLOYEES UNION, et al. v. Constance HORNER, Director, Office of Personnel Management, et al., Appellants. NATIONAL TREASURY EMPLOYEES UNION, et al., Appellants, v. Constance HORNER, Director, Office of Personnel Management, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1988.

Attorney(s) appearing for the Case

John C. Hoyle, Attorney, Dept. of Justice, with whom, Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and William Kanter, Attorney, Dept. of Justice, Washington, D.C., were on the brief, for appellants/cross-appellees.

Clinton D. Wolcott, with whom Lois G. Williams, Washington, D.C., was on the brief, for appellees/cross-appellants.

Before WALD, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The district court held that the Office of Personnel Management (OPM) acted arbitrarily and capriciously when, by rulemaking, it excepted a number of government jobs from the competitive civil service. The court ordered the agency to develop competitive examinations for those positions, and to return them to the competitive service...

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