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GIRANI v. F.A.A.

No. 89-3442.

924 F.2d 237 (1991)

Robert H. GIRANI, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

January 23, 1991.

Attorney(s) appearing for the Case

Donald L. Cox, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, Ky., argued, for petitioner. With him on the brief was Scott D. Spiegel.

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. Also on the brief was Peter Hannums, Atty., F.A.A., Washington, D.C., of counsel.

Before MARKEY and LOURIE, Circuit Judges, and BROWN, District Judge.

GARRETT E. BROWN, Jr., District Judge.

This is an appeal from the award of an arbitrator upholding the removal of petitioner from the federal service. We have jurisdiction under 5 U.S.C. §§ 7121(f) and 7703. For the reasons discussed below, we affirm.

I.

Petitioner was employed by respondent, Federal Aviation Administration (FAA), as an air traffic controller in Albuquerque, New Mexico. During an interview in 1987 with FAA investigators...

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