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ACHA v. DEPT. OF AGRICULTURE

No. 15-9581.

841 F.3d 878 (2016)

John A. ACHA, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent, Office of Special Counsel, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 14, 2016.

Attorney(s) appearing for the Case

Ryan C. Gilman , Gilman Law, LLC, Glenwood Springs, Colorado, for Petitioner.

Emma E. Bond , Trial Attorney, U.S. Department of Justice, Washington, D.C. ( Benjamin C. Mizer , Principal Deputy, Assistant Attorney General, Robert E. Kirschman, Jr. , Director, Elizabeth M. Hosford , Assistant Director, U.S. Department of Justice, Washington, D.C., and Rayann Lund , of Counsel, Litigation Specialist, U.S. Department of Agriculture Forest Service, Albuquerque, New Mexico, with her on the brief), for Respondent.

Carolyn N. Lerner , Special Counsel, Louis Lopez , Associate Special Counsel, and Shayla Silver-Balbus , Attorney, U.S. Office of Special Counsel, Oakland, California, filed a brief for Amicus Curiae.

Before LUCERO, BALDOCK, and BACHARACH, Circuit Judges.

Petitioner John A. Acha worked as a Purchasing Agent for the Forest Service, an agency of the Department of Agriculture, at the White River National Forest in Glenwood Springs, Colorado. Petitioner's job, which was subject to a one-year probationary period, primarily consisted of meeting the Forest Service's purchasing needs...

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