STATE OF MINN., DEPT. OF JOBS & TRAINING v. MSPB

No. 87-5346.

875 F.2d 179 (1989)

STATE OF MINNESOTA, DEPARTMENT OF JOBS AND TRAINING, Appellees, v. MERIT SYSTEMS PROTECTION BOARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1989.


Attorney(s) appearing for the Case

Martha B. Schneider, Washington, D.C., for appellant.

Rebecca H. Hamblin, St. Paul, Minn., for appellees.

Before LAY, Chief Judge, HEANEY, and ROSS, Senior Circuit Judges, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, en banc.


ROSS, Senior Circuit Judge.

This en banc submission follows an opinion of a panel of this court reported as State of Minnesota v. Merit Systems Protection Board, 858 F.2d 433 (8th Cir.1988). The appeal results from the district court's determination that the Merit Systems Protection Board (the Board) abused its discretion by ordering the removal of Thomas J. Kehoe, upon finding that...

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