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KEAN v. STONE

No. 90-5537.

926 F.2d 276 (1991)

Gary KEAN, New Cumberland, PA, Appellant, v. Michael P.W. STONE, or his successor, Secretary of the Army, United States Department of the Army, Pentagon, Washington, D.C., 20310; Colonel John Joseph, Commanding Officer, New Cumberland Army Depot, New Cumberland, Pa 17070; Merit Systems Protection Board, 1120 Vermont Avenue, N.W., Washington, D.C.; U.S. Department of the Army, Pentagon, Washington, D.C. 20310.

United States Court of Appeals, Third Circuit.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Martin R. Cohen (argued), Staff Counsel, American Federation of Government, Employees AFL-CIO, Philadelphia, Pa., Mark D. Roth, General Counsel, American Federation of Government, Employees AFL-CIO, Washington, D.C., for appellant.

James J. West, U.S. Atty., Richard W. Sponseller (argued), Sally A. Lied, Asst. U.S. Attys., Harrisburg, Pa., for appellees.

Before BECKER, NYGAARD, Circuit Judges and POLLAK, District Judge

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

I.

Several years ago the plaintiff was fired from his federal job. By petition to the Merit Systems Protection Board (MSPB), plaintiff protested the firing. After protracted administrative proceedings, the plaintiff prevailed: it was determined that the federal agency for which plaintiff worked had, in firing him, discriminated against him on account of a handicap. Accordingly, plaintiff was...

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