Herbert E. Dickson, Appellant, v. Office of Personnel Management, 976 F.2d 46 (D.C. Cir. 1992)

ORDER

Upon consideration of the motion for summary affirmance, the memorandum in opposition thereto, and the reply, it is

ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its memorandum opinion filed August 27, 1991. The court applied the correct legal standard, and its findings of fact are not clearly erroneous. The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.