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NOBLE v. TENNESSEE VALLEY AUTHORITY

Appeal No. 88-3436.

876 F.2d 1580 (1989)

George NOBLE, Petitioner, v. TENNESSEE VALLEY AUTHORITY, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 7, 1989.

Attorney(s) appearing for the Case

Jay E. Emerson, Jr. and Higgs & Conchin, Huntsville, Ala., for petitioner.

Ronald E. Klipach, Tennessee Valley Authority, Knoxville, Tenn., for respondent. With him on the brief were Edward S. Christenbury, Gen. Counsel, Justin M. Schwamm, Sr., Asst. Gen. Counsel and Harriet A. Cooper, Sr. Litigation Atty.

Before FRIEDMAN and RICH, Circuit Judges, and BENNETT, Senior Circuit Judge.

BENNETT, Senior Circuit Judge.

Petitioner Noble appeals the final decision of the Merit Systems Protection Board (MSPB), No. AT03518810283, June 24, 1988, which sustained the action of the Tennessee Valley Authority (TVA) in separating petitioner by a reduction in force (RIF) in 1985 and in rejecting his claims of discrimination. We remand on other grounds.

OPINION

In the present appeal, petitioner abandons challenges he made to the MSPB about the...

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