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SCHUCK v. FRANK

No. 93-3103.

27 F.3d 194 (1994)

Richard N. SCHUCK, Plaintiff-Appellee, v. Anthony M. FRANK, Postmaster General; and United States Postal Service, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 19, 1994.

Attorney(s) appearing for the Case

Richard N. Schuck, Harrison, OH (briefed), for plaintiff-appellee.

Gerald L. Kaminski, Asst. U.S. Atty., Cincinnati, OH, Alice L. Covington, U.S. Postal Service, Law Dept., Washington, DC, Edward Himmelfarb (briefed), U.S. Dept. of Justice, Civ. Div. Appellate Staff, Washington, DC, Marleigh D. Dover, U.S. Dept. of Justice, Washington, DC, Michael Propst, Office of Field Legal Services, U.S. Postal Service, Philadelphia, PA, for defendants-appellants.

Before: KENNEDY and MILBURN, Circuit Judges; and LIVELY, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Defendants, the Postmaster General and the United States Postal Service, appeal the decision of the District Court remanding this case to the Merit Systems Protection Board ("MSPB") for further consideration of the removal penalty imposed on plaintiff, Richard Schuck, for selling a controlled substance to a co-worker. For the reasons stated, we vacate the District Court's decision and remand for further proceedings consistent with this opinion...

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