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HORTON v. DEPARTMENT OF NAVY

Nos. 94-3332 and 94-3355.

66 F.3d 279 (1995)

John D. HORTON, Petitioner, v. DEPARTMENT OF the NAVY, Respondent. John D. HORTON, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 11, 1995.

Attorney(s) appearing for the Case

John D. Horton, pro se, submitted on the briefs.

Jeri Kaylene Somers, Attorney, Commercial Litigation Branch. Department of Justice, Washington, DC, submitted on the brief for the respondent in 94-3332. William C. Peachey, Attorney, Commercial Litigation Branch, Department of Justice, Washington, DC, submitted on the brief for respondent in 94-3355. With them on the briefs were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Mary Mitchelson, Deputy Director.

Before RICH, NIES, and NEWMAN, Circuit Judges.

Opinion for the court filed by Circuit Judge PAULINE NEWMAN. Separate opinion, concurring in the result, filed by Circuit Judge NIES.

PAULINE NEWMAN, Circuit Judge.

John D. Horton appeals two decisions of the Merit Systems Protection Board. In Docket No. SF1221900828-B-1 (Appeal No. 94-3332) the Board dismissed his individual right of action appeal from the Navy's termination of his civilian service during his probationary...

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