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BURROUGHS v. DEPARTMENT OF ARMY

No. 90-3234.

918 F.2d 170 (1990)

Milo D. BURROUGHS, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

October 31, 1990.

Attorney(s) appearing for the Case

Milo D. Burroughs, Roy, Washington, submitted pro se.

James M. Kinsella, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Terrence S. Hartman, Asst. Director. Also on the brief was Richard McCurdy, Atty., Office of The Staff Judge Advocate, Fort Lewis, Washington, of counsel.

Before NIES, Chief Judge, MILLER, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

Milo D. Burroughs (Burroughs) petitions for review of the final decision of the Merit Systems Protection Board (MSPB or board), 43 M.S.P.R. 246 (1990), which sustained in part the charges against him by the Department of the Army (Army or agency). For the reasons set forth below, we reverse.

I.

In 1981, Burroughs and a co-worker conceived the idea of constructing two Long-EZ aircraft1 to be used...

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