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HOLLAND v. DEPARTMENT OF AIR FORCE

No. 93-3300.

31 F.3d 1118 (1994)

Kelvin R. HOLLAND, Petitioner, v. DEPARTMENT OF the AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

July 20, 1994.

Attorney(s) appearing for the Case

Steven M. Angel, Oklahoma City, OK, argued for petitioner.

Tamara Miller, Major, U.S. Air Force, Air Force Legal Services Agency, Arlington, VA, argued for respondent. With her on the brief, was Norman F. Nivens, Lieutenant Colonel, U.S. Air Force.

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

ARCHER, Chief Judge.

Kelvin R. Holland appeals from a decision of the Merit Systems Protection Board (MSPB or board), sustaining the decision of the Department of the Air Force (Air Force or agency) to demote him from his position as Warehouse Worker Foreman to the position of Aircraft Freight Loader, Holland v. Department of the Air Force, 56 M.S.P.R. 592 (1993).2 We reverse.

I.

Beginning in 1982, Holland occupied...

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