925 F2d 1470 Knecht v. O Marsh

925 F.2d 1470

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

John E. KNECHT, Plaintiff-Appellant,
v.
John O. MARSH, Jr., Secretary of the Army, Defendant-Appellee.

No. 89-15708.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 11, 1990.*
Decided Feb. 6, 1991.

Before: GOODWIN, Chief Judge, BOOCHEVER and SKOPIL, Circuit Judges.

1

MEMORANDUM**

2

Although we are not convinced that substantial evidence demonstrates that Knecht falsified his sick leave claims, we hereby affirm the decision of the district court substantially for the other reasons carefully detailed in its Memorandum and Order of February 23, 1989. We believe a remand for reconsideration by the Merit Service Protection Board would be futile under the circumstances of this case.

3

AFFIRMED.

*

The panel finds this case appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a) and 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3