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MILLER v. BAKER

No. 90-5398.

969 F.2d 1098 (1992)

J.M. MILLER, Appellant, v. James A. BAKER, III, in His Capacity as Secretary of State.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1992.

Rehearing Denied September 16, 1992.

Attorney(s) appearing for the Case

Leslie M. Turner, with whom Daniel Joseph was on the brief, for appellant. Dennis M. Race also entered an appearance, for appellant.

Richard N. Reback, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates, and R. Craig Lawrence, Asst. U.S. Attys., and Thomas O'Herron, Attorney, Dept. of State, were on the brief, for appellee.

Turna R. Lewis and Bridget R. Mugane were on the joint brief, for amici curiae, urging that the decision of the District Court be overturned.

Before: WALD, WILLIAMS, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Foreign Service Act creates a curious structure for dealing with grievances brought by probationary employees whom the Secretary of State decides not to retain and give tenure. The Secretary's decisions to grant tenure or to separate employees are made pursuant to the binding recommendation of the Commissioning and Tenure Board. 22 U.S.C. §§ 3946(b), 4001-4002. The...

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