United States Federal Circuit

Plaintiff's removal from his position at the FAA, based on his discharge from a drug rehabilitation program, is reversed where the Merit Systems Protection Board erred in not considering plaintiff's challenge to the propriety of his discharge from the program.

Appellate Information

• Decided 08/16/2005
• Published 08/16/2005

Judges

• SCHALL, Circuit Judge., Before SCHALL, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan K. Hahn, Grady and Associates, of San Diego, California, argued for petitioner., Paul R. Wellons, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.   Of counsel was Wayne A. Tonkins, Sr., Office of the Chief Counsel, Federal Aviation Administration, of Washington, DC.