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NEWTON v. DEPARTMENT OF AIR FORCE

No. 95-3293.

85 F.3d 595 (1996)

Donald C. NEWTON, Petitioner, v. DEPARTMENT OF The AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 28, 1996.

Attorney(s) appearing for the Case

Michael A. Taylor, Taylor, Moore & Plater, Oklahoma City, Oklahoma, argued, for petitioner.

Major David W. Claypool, AFLSA/JACL, Arlington, Virginia, argued for respondent. Timothy D. Wilson, Lt. Col., U.S.A.F., Chief Civilian Personnel Branch, General Litigation Division, Air Force Legal Services Agency and Clarence P. Guillory, Captain, U.S.A.F., Trial Attorney, Air Force Legal Services Agency, Arlington, Virginia, were on the brief, for respondent.

Before MICHEL, PLAGER, and LOURIE, Circuit Judges.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge PLAGER.

MICHEL, Circuit Judge.

Donald C. Newton appeals from the December 16, 1994 decision of the Merit Systems Protection Board (Board), No. DA-0752-94-0680-I-1, sustaining one of two of the Department of the Air Force's (Air Force) charges against Newton and its decision to remove him. The Administrative Judge's (AJ) initial decision became final when, on January...

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