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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of CLAUDE E. FIELDS and DEPARTMENT OF THE NAVY, NAVAL SHIPYARD, Philadelphia, PA Docket No. 00-1556; Submitted on the Record;

AFFIRMED IN PART, REVERSED IN PART, THE REQUEST FOR DISCUSSION AND DECISION OF THE DISTRICT COURT; JURY TRIAL REFORM REQUIRED; AND IT IS SO ORDERED. Argued January 17, 2002 Bryan T. Knot, Philadelphia, PA Ralph Spillane, Ph.D. Los Angeles, CA David S. Gerson, Brandywine, PA Judith Kratz, Chicago, IL Meredith T. Ebert, Philadelphia, PA Charles E. Schwab, Denver, CO Thomas T. Daugherty, Philadelphia, PA J. Kenneth Burette, Milwaukee, WI, Steven L. Schlesinger, Philadelphia, PA Reversed Submitted on the Record January 19, 2002 J. Kenneth Burette, Milwaukee, WI, Steven L. Schlesinger, Philadelphia, PA J. Kenneth Burette, Milwaukee, WI, Steven L. Schlesinger, Philadelphia, PA Michael Witty, Philadelphia, PA JURY TRIAL REFORM REQUIRED; IT IS SO ORDERED. Docket No. 00-1556; Decided by District Court, January 20, 2002 CITY OF PHILADELPHIA, Defendant. Appellant Clarence Edward Fields and Dept. of the Navy, defendant. Before: BALDWIN, PITTMAN, and BRANDEIS, Circuit Judges. BRANDEIS, Circuit Judge: The District Court granted the defendants' motion for summary judgment dismissing appellant's Workers Compensation Appeals Board (WEB) Appeal concerning whether he, as an employee of the Philadelphia Navy Yard (the Yard) in February 1998, was properly terminated for cause. Defendant's motion is denied as to an issue raised by defendant and as to a similar issue that has been previously presented to the WEB, the final decision of the Board concerning the propriety of the Yard's decision to terminate appellant's benefits.

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