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RICHARDSON v. U.S. CUSTOMS SERVICE

No. 93-3022.

47 F.3d 415 (1995)

Edward RICHARDSON and Lorenzo Mosely, Petitioners, v. UNITED STATES CUSTOMS SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

February 8, 1995.

Attorney(s) appearing for the Case

Elaine Kaplan, Deputy Gen. Counsel, Nat. Treasury Employees Union, of Washington, DC, argued, for petitioners. With her on the brief were Gregory O'Duden, Gen. Counsel and David F. Klein, Asst. Counsel.

Steven J. Abelson, Attorney, Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued, for respondent. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Of counsel was Terrence S. Hartman.

Before RICH, PLAGER, and LOURIE, Circuit Judges.

PLAGER, Circuit Judge.

This is an appeal of a decision of an arbitrator that federal employees, suspended on the basis of a criminal indictment, but subsequently acquitted and reinstated, are not entitled to reinstatement with pay for the period of the suspension.1 We vacate the decision of the arbitrator and remand for further proceedings consistent with this opinion.

BACKGROUND

The facts are not in dispute. In...

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