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GARRISON v. DEPARTMENT OF JUSTICE

No. 95-3466.

72 F.3d 1566 (1995)

Daryel GARRISON, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined March 4, 1996.

Attorney(s) appearing for the Case

Daryel Garrison, Kansas City, Kansas, submitted Pro Se.

Brian S. Smith, Trial Attorney, Commercial Litigation Branch, Department of Justice, Washington, D.C., submitted for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Richard E. Rice, Assistant Director.

Rehearing Denied; Suggestion for Rehearing In Banc Declined March 4, 1996.

FRIEDMAN, Senior Circuit Judge.

The petitioner, Daryel Garrison, challenges the decision of the Merit Systems Protection Board (Board) sustaining his removal by the Department of Justice due to his refusal to undergo a drug test. The principal issue is whether the Board correctly held that the agency official who ordered the testing had "reasonable suspicion" that the employee used...

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