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KING v. FRAZIER

No. 94-3670.

77 F.3d 1361 (1996)

James B. KING, Director, Office of Personnel Management, Petitioner, v. Richard L. FRAZIER, Respondent.

United States Court of Appeals, Federal Circuit.

Opin. Issued: March 12, 1996.

Attorney(s) appearing for the Case

Hillary A. Stern, Attorney, Department of Justice, Washington, D.C., argued, for petitioner. Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Ross D. Cooper, Attorney, Commercial Litigation Branch, Department of Justice, Washington, D.C., were on the brief, for petitioner. Also on the brief was Steven E. Abow, Senior Attorney, Office of the General Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Otto P. Witt, Witt & Associates, P.C., Wethersfield, Connecticut, submitted, for respondent.

Before RICH, CLEVENGER, and RADER, Circuit Judges.

Nonprec. Opin. Issued: December 19, 1995.

Prec. Opin. Issued: March 12, 1996.

CLEVENGER, Circuit Judge.

James B. King, Director of the Office of Personnel Management (OPM), seeks review of the decision in Arbitration Docket No. 92-05883 (October 19, 1993). In that decision, the arbitrator overturned the 60-day suspension imposed on Richard L. Frazier by the Department of Housing and Urban Development (the agency). We reverse.

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