Joann Marshburn, Petitioner, v. United States Postal Service, Respondent, 864 F.2d 148 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 864 F.2d 148 (Fed. Cir. 1988) Nov. 7, 1988

Before MARKEY, Chief Judge, and EDWARD S. SMITH and BISSELL, Circuit Judges.



The initial decision of the Merit Systems Protection Board (board), which decision became final on July 8, 1988, docket No. DC07528810127, affirmed the United States Postal Service's decision to remove JoAnn Marshburn from her position as a mailhandler for assaulting a postal supervisor. We affirm.


After a thorough review of the record, and in view of the arguments presented to us on appeal, we do not find the board's decision arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982); see Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984). Accordingly, on the basis of the opinion of the administrative judge, dated February 22, 1988, the board's decision is affirmed.