Jaeger v. Stephens

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

Plaintiff commenced this action under 5 U.S.C. §§ 701-706 (1967) for judicial review of a final determination of the United States Civil Service Commission Board of Appeals and Review upholding his removal by the Federal Aviation Administration. On the basis of the undisputed facts in the record, both sides have moved for summary judgment.

Plaintiff is a preference eligible veteran who was employed by the FAA at Broomfield, Colorado, as an air traffic controller until April, 1969. See 5 U.S.C. §§ 7501, 7511, 7512 (1967). On March 13, 1969, he was…