LUDLUM v. DEPARTMENT OF JUSTICE

No. 01-3093.

278 F.3d 1280 (2002)

Andrew LUDLUM, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: January 28, 2002.


Attorney(s) appearing for the Case

Lawrence Berger, Mahon & Berger, of Garden City, NY, argued for petitioner.

Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director; of counsel on the brief was Betsy J. Levensohn, Assistant General Counsel, Employment Law Unit II, Office of the General Counsel, Federal Bureau of Investigation, of Washington, DC.

Before GAJARSA, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.


Opinion for the court filed by Senior Circuit Judge FRIEDMAN, in which Circuit Judge LINN joins. Dissenting opinion filed by Circuit Judge GAJARSA.

FRIEDMAN, Senior Circuit Judge.

The Federal Bureau of Investigation ("FBI" or "Bureau") removed Andrew Ludlum ("Ludlum"), one of its special agents, for lack of candor (and other improprieties) during an administrative inquiry. The Merit Systems Protection Board ("Board...

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