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HORNER v. SCHUCK

Nos. 86-1723, 87-3184.

843 F.2d 1368 (1988)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. Richard N. SCHUCK and Alfred E. Washington, Respondents, and Merit Systems Protection Board, Intervenor. Constance HORNER, Director, Office of Personnel Management, Petitioner, v. H. Anthony JAMES, Jule Hawkins, Robert Lloyd, Jr., Neal Smith and Norman L. Degrange, Respondents, and Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

April 6, 1988.

Attorney(s) appearing for the Case

Elizabeth S. Woodruff, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for petitioner. With her on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director. Also on the brief, were James Hicks, Office of Personnel Management, Washington, D.C., R. Andrew German and Suzanne Hassell Milton, Office of Labor Law, Washington, D.C., of counsel.

Robert F. Laufman, Cincinnati, Ohio, argued for respondents.

Deborah Stover-Springer, Merit Systems Protection Bd., Washington, D.C., argued, for intervenor. With her on the brief, were Llewellyn M. Fischer, General Counsel, Mary L. Jennings, Deputy General Counsel, Marsha E. Mouyal, Reviewer of Litigation and Rita S. Arendal.

Before NEWMAN and ARCHER, Circuit Judges, and BALDWIN, Senior Circuit Judge.

ARCHER, Circuit Judge.

In this consolidated appeal, Constance Horner, Director of the Office of Personnel Management (OPM), petitions, pursuant to 5 U.S.C. § 7703(d) (1982), for review of the final decisions of the Merit Systems Protection Board (MSPB or board) in Schuck, et al. v. United States Postal Service, Docket Nos. CH07528410682 and CH07528510070, and James, et al. v. United States Postal Service, Docket Nos. CH07528510638, CH07528510567...

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