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STEPHENS v. DEPARTMENT OF HEALTH AND HUMAN SERV.

Nos. 89-8550, 89-8551.

901 F.2d 1571 (1990)

James N. STEPHENS, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Secretary, Defendant-Appellee. James N. STEPHENS, Plaintiff-Appellant, v. Terry S. COLEMAN, Isabel P. Dunst, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 23, 1990.

Attorney(s) appearing for the Case

Beverly B. Bates, Bates, Baum and Landey, Atlanta, Ga., plaintiff-appellant.

Marleigh D. Dover, William Kanter, U.S. Dept. of Justice, Civil Div., Washington, D.C., for Department of Health and Human Services.

Robert L. Barr, U.S. Atty., Sandra R. Ganus, Nina Loree Hunt, Atlanta, Ga., John S. Koppel, Marleigh D. Dover, Barbara L. Herwig, Robert D. Kamenshine, Dept. of Justice, Civil Div., Washington, D.C., for Terry Coleman and Isabel P. Dunst.

Before KRAVITCH, Circuit Judge, and RONEY and ALDISERT, Senior Circuit Judges.

ALDISERT, Senior Circuit Judge:

The major question presented in these appeals by James N. Stephens, Deputy Regional Attorney of the Department of Health and Human Services (HHS), who was an unsuccessful candidate for the office of Regional Attorney, is whether the district court properly concluded that the grievance procedure set forth in the Civil Service Reform Act of 1978 (CSRA), codified and amended in various sections of 5 U.S.C., precludes federal court review...

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