Floyd A. Beardsley, Petitioner, v. Department of Defense, Respondent, 5 F.3d 1504 (Fed. Cir. 1993)

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U.S. Court of Appeals for the Federal Circuit - 5 F.3d 1504 (Fed. Cir. 1993) Aug. 9, 1993

Before NEWMAN, ARCHER, and CLEVENGER, Circuit Judges.

PER CURIAM.


DECISION

Floyd A. Beardsley petitions for review of a final decision of the Merit Systems Protection Board, Docket No. DE0752910157-B-1, dated November 13, 1992, modifying the initial decision of the Administrative Judge and sustaining the agency's removal action.

A decision of the board must be affirmed unless it is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) unsupported by substantial evidence; or (3) obtained without proper procedures. 5 U.S.C. § 7703(c). Yorkshire v. Merit Sys. Protection Bd., 746 F.2d 1454, 1458 (Fed. Cir. 1984). In this case, the board carefully considered all of the arguments made on appeal. Because we discern no error, we affirm on the basis of the board's opinion.

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