Martin C. Latinsky, Appellant, v. Susan S. Engeleiter, Administrator, U.S. Small Businessadministration, et al, 968 F.2d 92 (D.C. Cir. 1991)

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U.S. Court of Appeals for the District of Columbia Circuit - 968 F.2d 92 (D.C. Cir. 1991) Nov. 5, 1991




Upon consideration of the motion for summary reversal, the opposition thereto, the motion for summary affirmance, and the opposition thereto, it is

ORDERED that the motion for summary affirmance be granted, substantially for the reasons stated by the district court in its Memorandum Order filed September 21, 1990, as to appellant's claims based on Chapter 75 of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7501 et seq., and the claims that appellant's dismissal violated the first amendment and deprived him of a property interest in continued employment, without due process. See Latinsky v. Engeleiter, 747 F. Supp. 68 (D.D.C. 1990). 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). It is

FURTHER ORDERED that the motion for summary reversal be denied. It is

FURTHER ORDERED, on the court's own motion, that the parties show cause within 14 days of the date of this order, why the district court's order should not be vacated in part and remanded, to allow the court to consider appellant's claim that his dismissal deprived him of a liberty interest in reputation and prospects for future employment, without due process. It appears that appellant stated a claim, see Doe v. United States Dep't of Justice, 753 F.2d 1092, 1104-14 (D.C. Cir. 1985), which the district court did not address.

The Clerk is directed to withhold issuance of the mandate herein until resolution of the remainder of the appeal.