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BLOOMER v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 91-3351.

966 F.2d 1436 (1992)

Gary E. BLOOMER, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined September 11, 1992.

Order Declining Suggestion Withdrawn September 22, 1992.

Attorney(s) appearing for the Case

Dale L. Ingram, Jolley, Walsh & Hager, P.C., Kansas City, Mo., argued, for petitioner.

Janet Braggs, Asst. Regional Counsel, Kansas City, Mo., argued, for respondent. With her on the brief was Frank V. Smith, III, Chief Counsel, Dept. of Health and Human Services. Of counsel was James M. Kinsella and David M. Cohen.

Before NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Suggestion for Rehearing In Banc Declined September 11, 1992.

Order Declining In Banc Suggestion Withdrawn September 22, 1992.

LOURIE, Circuit Judge.

Gary E. Bloomer petitions for review of the April 15, 1991 decision of an arbitrator, No. KC-90-R-001, sustaining his removal by the Mid-America Program Service Center of the Department of Health and Human Services, Social Security Administration (the "agency"), and reversing the arbitrator's prior decision...

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