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WARD v. DERWINSKI

No. 92-CV-6346L.

837 F.Supp. 517 (1992)

William J. WARD, Plaintiff, v. Edward DERWINSKI, Secretary of Veterans Affairs, et al., Defendants.

United States District Court, W.D. New York.

December 22, 1992.

Attorney(s) appearing for the Case

Mark D. Roth, American Federation of Government Employees, Washington, DC, for plaintiff.

James Robert Layton, U.S. Attys. Office, Washington, DC, Brian M. McCarthy, Asst. U.S. Atty., Rochester, NY, for defendants.

DECISION AND ORDER

LARIMER, District Judge.

This action arises from disciplinary action taken by the Department of Medicine and Surgery ("DM & S") of the Department of Veterans Affairs ("VA"), against plaintiff, William J. Ward, a nurse employed by the VA. Ward was fired after he was found to have mistreated a psychiatric patient under his care.

Before the Court are defendants' motion to dismiss or, in the alternative, for summary judgment, and...

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