TEMPLETON v. OFFICE OF PERSONNEL MANAGEMENT

No. 91-3321.

951 F.2d 338 (1991)

Les E. TEMPLETON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 18, 1991.


Attorney(s) appearing for the Case

Gary Samuel Marx, Marx, Krame & White, Washington, D.C., argued for petitioner.

Samuel C. Watkins, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Sharon Y. Eubanks, Asst. Director. Also on the brief were Jaime Ramon, Gen. Counsel, Gail L. Goldberg, Acting Gen. Counsel and Earl A. Sanders, Atty., Office of Gen. Counsel, Office of Personnel Management, of counsel.

Before NIES, Chief Judge, MARSHALL, Associate Justice (Retired) of the Supreme Court of the United States, sitting by designation, and FRIEDMAN, Senior Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) that sustained a decision of the Office of Personnel Management (OPM) denying a former air traffic controller an annuity. 47 M.S.P.R. 592. We vacate and remand.

I.

In August 1981, the Federal Aviation Administration (FAA) removed the petitioner Templeton from his position as an air traffic controller for participating earlier that month...

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