Legal Opinion

Robert L. Acerno, Dara L. Anderson, Lucille M. Watson, Vito M. Pizzi, Ethel G. Hudgins and Linda Pilgrim v. Department of Health & Human Services

Court of Appeals for the Federal Circuit

Decided April 1, 1987No. Appeal 86-932, 86-933, 86-935, 86-944 and 86-985PublishedCited by 4 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge.

These are five consolidated appeals from decisions of the Merit Systems Protection Board (Board) holding that the retention priority rights of the six petitioners were not violated when they were separated from their positions at the Community Services Administration through a reduction in force. We affirm the Board's decision sustaining the separation of petitioners Hud-gins, Pilgrim, and Pizzi, but reverse and remand the decisions sustaining the separation of petitioners Acerno, Anderson, and Watson.

I

A. The background facts are detailed in Certain Former CSA…

2Cases cited11 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Loyce E. Hayes v. Department of the NavyCourt of Appeals for the Federal Circuit · 1984
  3. G.K. Phillips v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1982
  4. Donald R. Ashton, Jr. v. Benjamin R. Civiletti, Attorney General of the United States of America, Department of JusticeCourt of Appeals for the D.C. Circuit · 1980
  5. Raymond C. Ahlberg v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1986

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3Cited by4 opinions

  1. Paul v. Gearan v. Department of Health and Human Services, and Merit Systems Protection Board, IntervenorCourt of Appeals for the Federal Circuit · 1988
  2. Beverly Hayes v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1987
  3. Alejandro Becerra v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1995
  4. Paul v. Gearan v. Department of Health and Human Services, and Merit Systems Protection Board, IntervenorCourt of Appeals for the Federal Circuit · 1988

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