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BINGAMAN v. DEPARTMENT OF TREASURY

No. 96-3368.

127 F.3d 1431 (1997)

Gary T. BINGAMAN, Eldon H. Kern, Edmund W. Price, William T. Arps, George A. Berry, James L. Coulter, John D. Fowler, Jerry W. Lunceford, Matthew L. Hillman, Eron S. Paul, Stephen J. Schleif, Robert E. Young, Thomas A. Adair, Mark R. Curtin, Danny E. Fletcher, Kenneth W. Lanning, James T. Mason, Wendel L. Ruegsegger, Edmond R. Smith, Bunnie B. Stanfield, Steven G. Starr, Daniel L. Uptegrove, Daniel R. Williams, Thomas L. Heldenbrand and Stephen J. MacDonald, Petitioners, v. DEPARTMENT OF THE TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

September 23, 1997.

Attorney(s) appearing for the Case

Chris Kronberg, Cosho, Humphrey, Greener & Welsh, P.A., Boise, ID, for petitioners.

Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Assistant Director. Of counsel on the brief was Tom F. Dower, Office of Associate Chief Counsel, U.S. Customs Service, Houston, TX.

Before RICH, PLAGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This case requires us to address petitions for review in four consolidated cases from the Merit Systems Protection Board, Bingaman v. Department of the Treasury, No. DA-0831-95-0675-I-2; Arps v. Department of the Treasury, No. DA-0842-96-0058-I-2; Kern v. Department of the Treasury, No. DA-0831-96-0063-I-2; and Adair v. Department of the Treasury, No. DA-0842-96-0068-I-2. In each case, employees of the Customs Service...

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