D.E. v. Department of the Navy, MSPB (1983)
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· 13 citation events
across 6 courts.
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Sec. 7703 (c), "which provides that this court shall review the record and hold unlawful any agency action which we find to be arbitrary, capricious, or an abuse of discretion; procedurally defective; or unsupported by substantial evidence." D.E. v. Department of the Navy, 721 F.2d 1165, 1166 (9th Cir.), modified, 722 F.2d 455 (9th Cir.1983).
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Milo D. Burroughs v. United States Department of the Army Togo West, Jr., Secretary of the Army (1996)
III. 18 We review the Board's decision to determine if it is "arbitrary, capricious, or an abuse of discretion; procedurally defective; or unsupported by substantial evidence." D.E. v. Dept. of the Navy, 721 F.2d 1165, 1166 (9th Cir.), amended, 722 F.2d 455 (1983).
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Otto Engdahl v. Department of the Navy (1990)
See D.E. v. Department of the Navy, MSPB, 721 F.2d 1165, 1169 (9th Cir.1983) (Navy employee convicted of child molestation; Navy's conclusory claims of distrust of employee insufficient to support subsequent discharge of employee).
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Kenneth A. Johnson v. United States Postal Service and National Rural Letter Carriers Association (1985)
See, e.g., D.E. v. Department of the Navy, 721 F.2d 1165 (9th Cir.1983) (removal for sexual abuse of seven-year-old daughter reversed); McLeod v. Department of the Army, 714 F.2d 918 (9th Cir.1983) (removal for possession of marijuana reversed) 3 ; Young v. Hampton, 568 F.2d 1253 (7th Cir.1977) (dismissal for possession of controlled substance reversed).
Compare D.E. v. Dept. of the Navy, MSPB, 721 F.2d 1165, 1166 (9th Cir.) (court shall ‘‘hold unlawful any agency action which we find to be arbitrary, capricious, or an abuse of discretion; procedurally defective; or unsupported by substantial evidence’’), amended, 722 F.2d 455 (9th Cir. 1983); McLeod v. Dept. of the Army, 714 F.2d 918, 922 (9th Cir. 1983) (reviewing agency action under arbitrary and capricious standard); Young v. Hampton, 568 F.2d 1253, 1257 (7th Cir. 1977) …