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FACER v. DEPARTMENT OF AIR FORCE

No. 87-3382.

836 F.2d 535 (1988)

Christian FACER, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

January 6, 1988.

Attorney(s) appearing for the Case

Daniel Minahan, Minahan and Shapiro, P.C., Denver, Colo., submitted for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for respondent. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Ruetershan, Asst. Director. Also on the brief was David M. Diver, Major, USAF, General Litigation Div., Office of the Judge Advocate General, Washington, D.C., of counsel.

Before BISSELL, Circuit Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.

NICHOLS, Senior Circuit Judge.

In this case we confront a petition by Christian Facer, a former aircraft mechanic once employed at Hill Air Force Base, Utah. The Merit Systems Protection Board (MSPB) in 33 M.S.P.R. 243 (1987) upheld an agency decision removing Facer for smoking marijuana on the base, and thereby modified a tentative decision by its administrative judge (AJ) which would have sustained the charges but mitigated...

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