James C. Hayes, Petitioner, v. United States Postal Service, Respondent, 945 F.2d 416 (Fed. Cir. 1991)

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US Court of Appeals for the Federal Circuit - 945 F.2d 416 (Fed. Cir. 1991) Sept. 9, 1991

Before NIES, Chief Judge, and CLEVENGER and RADER, Circuit Judges.

DECISION

PER CURIAM.


James C. Hayes appeals the final decision of the Merit Systems Protection Board (Board), No. SL07528810354-1 (September 20, 1990). The Board upheld the administrative judge's decision to remove Mr. Hayes from his position as a supervisor for the United States Postal Service. This court affirms.

The administrative judge thoroughly weighed the evidence and properly applied the law. At length, the administrative judge made several determinations based on the witnesses' credibility. Such determinations are "virtually unreviewable." Hambsch v. Department of Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986). Thus, the Board properly affirmed petitioner's removal.

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