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GIBSON v. DEPARTMENT OF VETERANS AFFAIRS

No. 98-3073.

160 F.3d 722 (1998)

Drellie GIBSON, III, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

November 24, 1998.

Attorney(s) appearing for the Case

George Melville Johnson, Law Offices of George Melville Johnson and Associates, P.C., of Atlanta, GA, argued for the petitioner.

R. Alan Miller, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for the respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director. Of counsel on the brief was Patricia Elrod-Hill, Staff Attorney, Office of Regional Counsel, Department of Veterans Affairs, of Atlanta, GA.

Before MICHEL, PLAGER and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge MICHEL. Concurring opinion filed by Circuit Judge PLAGER.

MICHEL, Circuit Judge.

Drellie Gibson, III, petitions for review of a final decision by the Merit Systems Protection Board (the "Board"), No. AT-0752-96-0463-I-1, dismissing his appeal of his removal from his position as a supply clerk at a United States Department of Veterans Affairs ("DVA") Medical Center. The initial decision of the Administrative Judge...

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