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KING v. LYNCH

Misc. No. 332.

21 F.3d 1084 (1994)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Edward J. LYNCH, and Merit Systems Protection Board, Respondents.

United States Court of Appeals, Federal Circuit.

April 13, 1994.

Attorney(s) appearing for the Case

Kathryn A. Bleecker, Atty., Dept. of Justice, Washington, DC, argued for petitioner.

George M. Chuzi, Kalijarvi & Chuzi, P.C., Washington, DC, argued for respondent, Edward J. Lynch. Calvin M. Morrow, Atty., U.S. Merit Systems Protection Bd., Washington, DC, argued for respondent, Merit Systems Protection Bd. Of counsel was David C. Kane and Mary L. Jennings, Washington, DC.

Before ARCHER, Chief Judge, BENNETT, Senior Circuit Judge, and NIES, Circuit Judge.

ARCHER, Chief Judge.

Under 5 U.S.C. § 7703(d), the Director of the Office of Personnel Management (Director or OPM) petitions this court for review of a decision of the Merit Systems Protection Board (MSPB) reversing the Department of Education's removal of Edward J. Lynch, Lynch v. Department of Educ., 52 M.S.P.R. 541 (1992). The Director contends that the MSPB misinterpreted a civil service law and regulation affecting personnel management and that that...

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