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ELLERMETS v. DEPARTMENT OF ARMY

No. 90-3058.

916 F.2d 702 (1990)

Arne ELLERMETS, Jr., Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

October 16, 1990.

Attorney(s) appearing for the Case

Peter B. Broida, Cohen, Broida & Associates, Arlington, Va., argued, for petitioner. With him on the brief was Robert Fiore, O'Haire & Fiore, West Germany, of counsel.

George M. Beasley, III, Sr. Trial Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Donald W. Perkal, Office of Staff Judge Advocate, Dept. of Army, Heidelberg, of counsel.

Before NIES, Chief Judge, and ARCHER and LOURIE, Circuit Judges.

PER CURIAM.

Arne Ellermets, Jr. appeals from the final decision of the Merit Systems Protection Board ("Board"), Arne Ellermets, Jr. v. Department of the Army, 42 M.S.P.R. 192 (1989), affirming the Army's decision to remove him from civilian employment for being absent without leave on October 11th and for failure to obey orders. The misconduct arose out of the Army's disapproval of leave for Ellermets to perform military duty as a reservist. Since petitioner...

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