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WILBURN v. DEPARTMENT OF TRANSP.

Appeal No. 84-1193.

757 F.2d 260 (1985)

Berney T. WILBURN, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 1985.

Attorney(s) appearing for the Case

Joseph D. Gebhardt, Dobrovir & Gebhardt, Washington, D.C., argued for petitioner.

Sandra P. Spooner, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C.

Patricia Shebest Crockett, Office of the Chief Counsel, Research & Special Programs Adm'r, Dept. of Transp., Washington, D.C., of counsel.

Before DAVIS, BENNETT and NEWMAN, Circuit Judges.

BENNETT, Circuit Judge.

Berney T. Wilburn appeals the decision of the Merit Systems Protection Board, 19 M.S.P.R. 483 (1984), affirming the Department of Transportation's release of Wilburn from his competitive level by a demotion. We reverse and remand.

BACKGROUND

In 1970 Wilburn began working as a transportation specialist, GS-2101-15, in the Office of Facilitation, Department of Transportation (DOT). Originally, this office was under one of the...

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