Legal Opinion

Berney T. Wilburn v. Department of Transportation

Court of Appeals for the Federal Circuit

Decided March 13, 1985No. Appeal 84-1193PublishedCited by 15 opinions

1Opinion of the Court

BENNETT, Circuit Judge.

Berney T. Wilburn appeals the decision of the Merit Systems Protection Board, 19 M.S.P.R. 483 (1984), affirming the Department of Transportation’s release of Wilburn from his competitive level by a demotion. We reverse and remand.

BACKGROUND

In 1970 Wilburn began working as a transportation specialist, GS-2101-15, in the Office of Facilitation, Department of Transportation (DOT). Originally, this office was under one of the assistant secretaries of DOT. Subsequently, DOT shifted the Office of Facilitation to its newly created Research and Special Programs Administration…

2Cases cited3 opinions

  1. Ann Crispin v. Department of CommerceCourt of Appeals for the Federal Circuit · 1984
  2. Smith v. United StatesUnited States Court of Claims · 1960
  3. Kellerman v. United StatesUnited States Court of Claims · 1974

3Cited by15 opinions

  1. Clarence Seay, Jr. v. Tennessee Valley Authority Craven CrowellCourt of Appeals for the Sixth Circuit · 2003
  2. Jeffrey S. Stokes v. Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1985
  3. VILEAN STEVENS & IKE PROPHET v. DISTRICT OF COLUMBIA DEPARTMENT OF HEALTHDistrict of Columbia Court of Appeals · 2016
  4. Markland v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1998
  5. A. Marie Phillips v. General Services AdministrationCourt of Appeals for the Federal Circuit · 1990

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