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ENGDAHL v. DEPT. OF NAVY

No. 89-3326.

900 F.2d 1572 (1990)

Otto ENGDAHL, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

April 17, 1990.

Attorney(s) appearing for the Case

Peter B. Broida, Passman & Broida, Washington, D.C., argued for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale, Asst. Director.

Before NIES, and MICHEL, Circuit Judges, and DUFF, District Judge.

PER CURIAM.

Otto Engdahl appeals the decision of the full Merit Systems Protection Board (Board), sustaining his suspension without pay from employment by the Department of the Navy (Navy or government). See Engdahl v. Department of the Navy, 40 M.S.P.R. 660 (1989) (final decision). Because we conclude the suspension was lawful under the Civil Service Reform Act of 1978 and did not violate Engdahl's due process rights under the fifth amendment, we affirm.<...

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