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KRAMER v. GATES

No. 05-5385.

481 F.3d 788 (2007)

Mark Lee KRAMER, et al., Appellees v. Robert M. GATES, Secretary, Department of Defense, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2007.

Attorney(s) appearing for the Case

Michael J. Ryan, Assistant U.S. Attorney, argued the cause for appellant. On the briefs were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, R. Craig Lawrence, Assistant U.S. Attorney, and Kevin K. Robitaille, Special Assistant U.S. Attorney.

Daniel M. Schember argued the cause and filed the brief for appellee.

Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

The five plaintiffs here are civilians who were employed as National Guard Technicians in the Department of Defense until their involuntary separation from service in 1993 and 1994. The then-effective version of 5 U.S.C. § 3329 provided that employees such as plaintiffs who were involuntarily separated "shall, if appropriate written application is...

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