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CURTIN v. OFFICE OF PERSONNEL MANAGEMENT

No. 87-3192.

846 F.2d 1373 (1988)

William F. CURTIN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

May 18, 1988.

Attorney(s) appearing for the Case

Dennis L. Friedman, Philadelphia, Pa., for petitioner.

Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Larry R. Steffes.

Before MARKEY, Chief Judge, FRIEDMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

William F. Curtin petitions for review of the decision of the Merit Systems Protection Board (MSPB or board), Docket No. PH300A8610103, upholding the employment practices of the Office of Personnel Management (OPM) related to the examination for the position of administrative law judge (ALJ) in the federal government. Curtin challenges the examination under 5 C.F.R. § 300.104(a) which provides that "[a] candidate who believes that an employment...

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