SPRUILL v. MERIT SYSTEMS PROTECTION BD.

No. 91-3245.

978 F.2d 679 (1992)

Roland SPRUILL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 21, 1992.


Attorney(s) appearing for the Case

Charles A. Hobbie, Deputy Gen. Counsel, American Federation of Government Employees, AFL-CIO, Washington, D.C., argued, for petitioner. With him on the brief, was Mark D. Roth, Gen. Counsel. Also on the brief, was Daniel Minahan, Minahan & Shapiro, P.C., Lakewood, Colo. Of counsel was Alexia McCashill.

David C. Kane, Asst. Gen. Counsel, Merit Systems Protection Bd., Washington, D.C., argued, for respondent. With him on the brief, were Mary L. Jennings, Acting Gen. Counsel and Rita S. Arendal, Atty. Deborah Bynum, Dept. of Justice, Washington, D.C., for respondent. Of counsel were Martha H. DeGraff and David M. Cohen, Dept. of Justice, Washington, D.C.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined December 21, 1992.

PLAGER, Circuit Judge.

Roland Spruill (Spruill), an employee of the Department of Veterans Affairs (DVA), was given a three-day suspension by the agency. He petitioned the Merit Systems Protection Board (MSPB or Board) for review of his suspension, which he alleged was taken by the agency in retaliation for his filing of a discrimination complaint with the Equal Employment Opportunity...

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