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SPURLOCK v. DEPARTMENT OF JUSTICE

No. 89-3232.

894 F.2d 1328 (1990)

Ernest M. SPURLOCK, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

January 25, 1990.

Attorney(s) appearing for the Case

R. Travis Douglas, Kenner, La., argued for petitioner.

David W. Long, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale, Asst. Director.

Before MARKEY, Chief Judge, RICH, Circuit Judge, and COWEN, Senior Circuit Judge.

COWEN, Senior Circuit Judge.

Petitioner, Ernest M. Spurlock (Spurlock), seeks review of the final order of the Merit Systems Protection Board (board), 39 M.S.P.R. 670, which sustained the adverse action by the Immigration and Naturalization Service (INS or agency), Department of Justice against Spurlock. The agency suspended petitioner from duty without pay for 90 days and demoted him from GS-9 to GS-7. For the reasons to be set forth, the board's decision is reversed...

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