Legal Opinion

Atwell v. Merit Systems Protection Board

Court of Appeals for the D.C. Circuit

Decided December 18, 1981No. Nos. 80-2026, 80-2116, 80-2317, 80-2345 and 80-2313PublishedCited by 17 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

These consolidated cases come before us on review of final orders of the Merit Systems Protection Board (MSPB or Board) and present an important issue of first impression arising under the 1978 restructuring of the federal personnel system. Petitioners are employees of various agencies of the federal government, and the employment status of each is governed by the provisions of the Civil Service Reform Act of 1978 (CSRA or Act). Although certain constitutional questions are posed as well, the critical issue we must resolve…

2Cases cited10 opinions

  1. Perry v. SindermannSupreme Court of the United States · 1972
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Bishop v. WoodSupreme Court of the United States · 1976
  4. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  5. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979

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3Cited by17 opinions

  1. Howard D. Cowan v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  2. United States v. Hescorp, Heavy Equipment Sales CorporationCourt of Appeals for the Second Circuit · 1986
  3. James B. Dowd, Jr. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  4. Frazier v. Merit Systems Protection BoardCourt of Appeals for the D.C. Circuit · 1982
  5. Russell, Jarvis, Estabrook & Dashiell v. Kaveney (In Re Kaveney)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985

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