Appeal No. 87-3559.

857 F.2d 1439 (1988)

George E. EIBEL, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

September 26, 1988.

Attorney(s) appearing for the Case

John C. Smuck, Cross, Murphy, Smuck & Houston, Washington, D.C., argued for petitioner.

Joseph A. Kijewski, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director.

Before SMITH, NIES and NEWMAN, Circuit Judges.

NIES, Circuit Judge.

George E. Eibel seeks review of the final decision of the Merit Systems Protection Board, Docket Nos. DC04328710064 and DC531D8710066, sustaining his removal from the Department of the Navy and his denial of a within-grade increase in salary for unacceptable performance under 5 U.S.C. § 4303 (1982).1 Mr. Eibel challenges that decision on the ground that the performance standards established for the position from...

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