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MILLER v. BAKER

Civ. A. No. 90-409.

749 F.Supp. 293 (1990)

J.M. MILLER, Plaintiff, v. James A. BAKER, Secretary of State, Defendant.

United States District Court, District of Columbia.

October 22, 1990.

Attorney(s) appearing for the Case

Michael J. Madigan, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for plaintiff.

Richard Reback, Asst. U.S. Atty., Washington, D.C.

William O. Wallace, U.S. Dept. of State, State Dept. Grievance Staff, Rosslyn, Va.

MEMORANDUM AND OPINION

REVERCOMB, District Judge.

I. Background

The unusual factual development of this case has highlighted an ambiguity in the provisions of the Foreign Service Act of 1980, 22 U.S.C. § 3901 et seq. This ambiguity involves the interplay of the Secretary of State's ("Secretary") authority to terminate nontenured members of the Foreign Service at any time and the authority of the Foreign Service Grievance Board...

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