Soper v. United States

This case is before the court on motions for summary judgment. Plaintiff seeks back pay and restoration to his *501position as a civilian electronics engineer from which he was removed by the Department of the Army. The removal was sustained on appeal by the Merit Systems Protection Board. Upon examination of the MSPB opinion and the administrative record, and after briefing and oral argument, we uphold action taken. The essential facts are not in dispute.

Petitioner commenced employment in the federal service on June 8, 1959, as an electronics engineer. In mid- to late 1968, petitioner accepted…