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CHAUVIN v. DEPARTMENT OF NAVY

No. 94-3154.

38 F.3d 563 (1994)

Charles E. CHAUVIN, Petitioner, v. DEPARTMENT OF the NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

October 18, 1994.

Attorney(s) appearing for the Case

Robert Atkins, Berkeley, CA, submitted, for petitioner.

Steven J. Gillingham, Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, submitted, for respondent. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen and James M. Kinsella, Directors.

Before PLAGER, LOURIE, and RADER, Circuit Judges.

LOURIE, Circuit Judge.

Charles E. Chauvin petitions for review of the December 7, 1993 decision of the Merit Systems Protection Board affirming his demotion by the Department of the Navy. Chauvin v. Department of Navy, 59 M.S.P.R. 675 (1993). Because Chauvin's demotion was based upon two distinct charges, and one of the charges was not supported by substantial evidence, we affirm-in-part, reverse-in-part, and remand.

BACKGROUND

Chauvin worked...

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