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CLARK v. DEPARTMENT OF ARMY

No. 92-3296.

997 F.2d 1466 (1993)

Janet M. CLARK, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 1, 1993.

Attorney(s) appearing for the Case

Ernest C. Hadley, of Wareham, MA, argued for petitioner.

Jeri Kaylene Somers, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Michael J. Davidson, Captain, Office of the Judge Advocate General, Dept. of the Army, of counsel.

Before NEWMAN, PLAGER, and LOURIE, Circuit Judges.

PLAGER, Circuit Judge.

This case raises several previously unsettled issues regarding the claim of retaliation for whistleblowing. Janet Clark, the petitioner, appeals a decision of the Merit Systems Protection Board (MSPB or Board) that upheld two Department of the Army (Army) actions: demoting her through reduction-in-force procedures, and removing her for failure to follow instructions and delay in carrying out instructions. Clark v. Department of Army,...

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