Charlton v. United States

I am in full accord with the opinion of the majority holding that the scope of review standard articulated by the district court is too narrow and that the appeal must, therefore, be remanded for further proceedings. I also agree that our prior decision in Cohen v. Ryder, 373 F.2d 530 (1967), did not deal fully with the issue of scope of review in cases of this kind and is thus not inconsistent with what we decide here. However, I cannot go all the way with the position adopted by the majority that in cases involving discharge of government employees the substantial evidence test is one of…