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FRANK v. DEPARTMENT OF TRANSP., F.A.A.

No. 93-3510.

35 F.3d 1554 (1994)

Richard FRANK, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 26, 1994.

Attorney(s) appearing for the Case

Jonathan G. Axelrod, Beins, Axelrod, Osborne, Mooney & Green, P.C., of Washington, DC, argued for petitioner. With him on the brief was William W. Osborne, Jr. Also on the brief was James C. Marin, National Air Traffic Controllers Ass'n, MEBA, AFL-CIO, Washington, DC, of counsel.

Joseph A. Kijewski, Dept. of Justice, of Washington, DC, argued for respondent. Of counsel were Bryan G. Snee and David Cohen.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 26, 1994.

SCHALL, Circuit Judge.

Richard Frank petitions for review of the July 23, 1993 decision and award of the arbitrator in Grievance No. NC-AEA-93-38-POU-1 (Decision and Award). The arbitrator sustained the adverse action of the Department of Transportation (DOT), Federal Aviation Administration (agency), removing petitioner from his position...

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