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CHISHOLM v. DEFENSE LOGISTICS AGENCY

No. 80-2501.

656 F.2d 42 (1981)

LaVerne CHISHOLM, Petitioner, v. DEFENSE LOGISTICS AGENCY and Merit Systems Protection Board, Respondents.

United States Court of Appeals, Third Circuit.

Decided July 28, 1981.

Attorney(s) appearing for the Case

Stephen C. Richman, Philadelphia, Pa. (argued), William T. Josem, Markowitz & Richman, Philadelphia, Pa., for petitioner.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief Appellate Section, Gary Tilles, Asst. U. S. Atty., Chief, Civil Div., Joseph M. Masiuk (argued), Asst. U. S. Atty., Philadelphia, Pa., for respondents.

Before HUNTER and SLOVITER, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This petition to review the decision of the Merit Systems Protection Board (hereafter Board) challenges the Board's right to use an employee's criminal conviction to collaterally estop him from denying that he committed those acts which led to his removal from government service. Although we conclude that the Board may use the doctrine of collateral estoppel, we find that its use on the present record was inappropriate...

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