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WALL v. U.S.

No. 86-2004.

871 F.2d 1540 (1989)

Richard J. WALL, Plaintiff-Appellant, v. UNITED STATES of America, Department of Health and Human Services, Otis Bowen; Merit Systems Protection Board; and Herbert Ellingwood, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 24, 1989.

Attorney(s) appearing for the Case

J. Larry Louk (Michael L. Snider and Timothy J. Arehart of Thomas, McDonald, Maier, Dykes & Johnston, Chartered, with him on the brief), Overland Park, Kan., for plaintiff-appellant.

E. Yvonne M. Ernzen (Benjamin L. Burgess, Jr., U.S. Atty., D. Kan., Julie Robinson Trice, Asst. U.S. Atty., Kansas City, Kan., Paul P. Cacioppo, Chief Counsel, Region VII, Dept. of Health and Human Services, and Frances Reddis, Asst. Regional Counsel, of counsel), Kansas City, Mo., for defendants-appellees.

Before SEYMOUR and McWILLIAMS, Circuit Judges, and BOHANON, Senior District Judge.

McWILLIAMS, Circuit Judge.

Richard J. Wall, a resident of Kansas, was employed by the Department of Health and Human Services (Department) from October, 1973, to September 28, 1984, when his employment was terminated. Shortly prior to September 28, 1984, Wall executed an application for retirement with an effective date of September 28, 1984.

Notwithstanding his application to retire, Wall thereafter filed a timely appeal to the Merit Systems Protection Board...

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