employment under the Commission's suitability standards.
Plaintiff's Opposition to Motion for Summary Judgment, App. B, Decision of Federal Employee Appeals Authority on Appeal of James L. Harper, at 3. This finding reversed a determination by the Bureau of Personnel Investigations on January 19, 1977, based largely on the charges of misconduct in plaintiff's personnel file, that he was unsuited for future employment in the competitive federal service. See generally 5 C.F.R. §§ 731.201 et seq. (1978).
The precise effect of the Appeals Authority decision is not completely clear, but if defendants can establish that its curative effect on the injuries to plaintiff's good name and employment opportunities is as great as that of any hearing this Court could order, then the need for a remedial hearing would be obviated.
On the basis of the foregoing, the Court concludes that there are material issues of genuinely disputed fact remaining to be resolved in this case which prevent the entry of summary judgment under Fed. R. Civ. P 56(c). Consequently, defendants' motion must be denied.
This opinion shall constitute the Court's finding of material facts existing without substantial controversy under Rule 56(d) of the Federal Rules of Civil Procedure.
An appropriate order accompanies this opinion.
Upon consideration of defendants' motion to dismiss, or in the alternative, for summary judgment, plaintiff's opposition thereto, the supplemental memoranda, affidavits, and the entire record herein, and it appearing to the Court for the reasons stated in the accompanying opinion that there are material issues of genuinely disputed fact that prevent the award of summary judgment as a matter of law, it is this 31st day of July, 1979,
ORDERED that defendants' motion to dismiss, or in the alternative for summary judgment, be, and the same is hereby, denied.
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