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United States Federal Circuit


DELONG v DEPT. OF HEALTH & HUMAN SERVS., 00-3449

25 USC 3207(b), requiring that federal employees convicted of certain crimes not be allowed to work with Indian children, applies to both prospective and current federal employees,and the due process clause does not require a hearing before removal from the position.

Appellate Information

  • Decided 09/05/2001
  • Published 09/05/2001

Judges

  • SCHALL, Circuit Judge., Before MAYER, Chief Judge, RADER, and SCHALL, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • John Fredericks III,Fredericks, Pelcyger & Hester, LLC, of Louisville, CO, argued for petitioner.

  • For Appellees:
  • Eric J. Nestor, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.
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