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CADDELL v. DEPARTMENT OF JUSTICE

No. 95-3254.

96 F.3d 1367 (1996)

Herbert A. CADDELL, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 19, 1996.

Attorney(s) appearing for the Case

Ross A. Nabatoff, Brand, Lowell & Ryan (A Professional Corporation), Washington, D.C., argued, for petitioner.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for respondent. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Kirk T. Manhardt, Assistant Director, and S. Lane Tucker, Attorney. Of counsel were James M. Kinsella and Brian M. Simkin.

Before PLAGER and SCHALL, Circuit Judges, and SMITH, Senior Circuit Judge.

PLAGER, Circuit Judge.

Petitioner, Herbert A. Caddell, seeks review of the decision of the Merit Systems Protection Board ("Board" or "MSPB"), 66 M.S.P.R. 347 (1995), which sustained the action of the Department of Justice, United States Marshals Service ("agency"). The agency suspended Mr. Caddell for two days, reassigned him from Tampa, Florida to the Virgin Islands, and ordered him to undergo a psychiatric fitness-for...

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