Legal Opinion

Ernest M. Spurlock v. Department of Justice

Court of Appeals for the Federal Circuit

Decided January 25, 1990No. 89-3232PublishedCited by 20 opinions

1Opinion of the Court

COWEN, Senior Circuit Judge.

Petitioner, Ernest M. Spurlock (Spur-lock), seeks review of the final order of the Merit Systems Protection Board (board), 39 M.S.P.R. 670, which sustained the adverse action by the Immigration and Naturalization Service (INS or agency), Department of Justice against Spurlock. The agency suspended petitioner from duty without pay for 90 days and demoted him from GS-9 to GS-7. For the reasons to be set forth, the board’s decision is reversed and the case is remanded.

BACKGROUND

The material facts in this case are essentially uncontroverted. On October 24, 1985, INS…

2Cases cited4 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Joseph Sternberger, Trustee in Bankruptcy for Spenco, Inc. v. The United StatesUnited States Court of Claims · 1968
  3. Gerald L. Naekel v. Department of TransportationCourt of Appeals for the Federal Circuit · 1986
  4. Angelina Frantz v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1985

3Cited by20 opinions

  1. Todd R. Haebe v. Department of JusticeCourt of Appeals for the Federal Circuit · 2002
  2. Peoples v. United StatesUnited States Court of Federal Claims · 2009
  3. Joycelyn Jacobs v. Department of JusticeCourt of Appeals for the Federal Circuit · 1994
  4. David L. Dixon v. Department of Transportation, Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1993
  5. Larry L. Hathaway v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1992

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