UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
November 4, 1986
CONSTANCE HORNER, DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT, PETITIONER,
RAYMOND ACOSTA, ET AL., RESPONDENTS, MERIT SYSTEMS PROTECTION BOARD, INTERVENOR.
Appealed from: Merit Systems Protection Board
Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge.
Upon consideration of the Motion of the Intervenor Merit Systems Protection Board for Modification of Opinion, filed on October 22, 1986,
IT IS ORDERED that:
1. Footnote 12 of the opinion herein is deleted.
2. The sentence of the text to which footnote 12 was appended is amended to read:
Intervenor makes an entirely independent argument in support of the substantive merits of its decision, which must also be rejected.
FOR THE COURT
Glenn L. Archer, Jr.
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