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BARNES v. SMALL

No. 86-5563.

840 F.2d 972 (1988)

Thomas O. BARNES, Appellant, v. Harold I. SMALL, General, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1988.

Attorney(s) appearing for the Case

Charles A. Hobbie, with whom Mark D. Roth, Washington, D.C., was on brief, for appellant.

William J. Dempster, Asst. U.S. Atty., New York City, of the bar of New York State Court of Appeals, Second Judicial Dept., pro hac vice, by special leave of Court, with whom Joseph E. DiGenova, U.S. Atty., Royce C. Lamberth and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before EDWARDS, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant Thomas O. Barnes was employed by the Department of Army, Military Traffic Management Command ("MTMC" or "agency") for approximately fourteen years prior to his removal in August 1983 because he wrote a series of letters to the MTMC commander containing numerous charges against other MTMC employees. At the time of his removal he held the position of computer programmer...

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