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FARRELL v. DEPARTMENT OF INTERIOR

No. 02-3108.

314 F.3d 584 (2002)

John FARRELL, Petitioner, v. DEPARTMENT OF THE INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

December 18, 2002.

Attorney(s) appearing for the Case

Joseph V. Kaplan, Passman & Kaplan, P.C., of Washington, DC, argued for petitioner.

Kevin W. McArdle, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Brian M. Simkin, Assistant Director.

Before MICHEL, GAJARSA and DYK, Circuit Judges.

DYK, Circuit Judge.

John Farrell appeals the December 6, 2001, final order of the Merit System Protection Board denying review of his demotion by the United States Park Police for conduct unbecoming an officer. Farrell v. Dep't of Interior, No. DC-0752-98-B-I, slip op., 90 M.S.P.R. 451 (M.S.P.B. Dec. 6, 2001) ("Final Order"). We conclude that although the Park Police departed from the Table of Penalties in demoting the appellant, such a departure was not unlawful...

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