The following excerpt is from Borsari v. F.A.A., 699 F.2d 106 (2nd Cir. 1983):
4 Prior to enactment of 5 U.S.C. Sec. 7703(c)(3), this court reviewed disciplinary action against government employees "to guard against arbitrary or capricious action." McTiernan v. Gronouski, 337 F.2d 31 (2d Cir.1964).
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