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DUNNING v. NAT. AERONAUTICS & SPACE ADMIN.

No. 82-1259.

718 F.2d 1170 (1983)

Robert S. DUNNING, Petitioner, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 11, 1983.

Attorney(s) appearing for the Case

Joseph B. Scott, Washington, D.C., with whom Irving Kator, Washington, D.C., was on brief, for petitioner.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on brief, for respondent. Evangeline W. Swift, Atty., Merit Systems Protection Board, Washington, D.C., also entered an appearance for respondent.

Before WALD, BORK and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Petitioner Robert Dunning seeks review of a decision by the Merit Systems Protection Board to affirm a 15-day suspension imposed on him by respondent, the National Aeronautics and Space Administration (NASA). He complains that the Board's action was invalid because the Board did not comply with its own procedural regulations in making its decision, and because the decision itself was...

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