John Mizerak, III v. Brock Adams, United States Secretary of Transportation

NEWMAN, Circuit Judge:

John Mizerak III appeals from an April 20, 1981 order of the District Court for the Northern District of New York (Howard G. Munson, Chief Judge), dismissing, on cross-motions for summary judgment, his complaint challenging a February 19, 1980 decision of the Merit Systems Protection Board (MSPB). 1 That decision had upheld Mize-rak’s loss of his civil service position as an air traffic controller with the Federal Aviation Administration (FAA). Since both the agency and the Court decisions rest on a misperception of undisputed fact that is central to the validity of…