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CHUDSON v. E.P.A.

No. 93-3085.

17 F.3d 380 (1994)

Jonathan W. CHUDSON, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Federal Circuit.

February 22, 1994.

Attorney(s) appearing for the Case

Thomas M. Devine, Legal Director, Government Accountability Project, of Washington, D.C., argued for petitioner.

Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Department of Justice, of Washington, D.C., argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief was David P. Guerrero, Office of General Counsel, Environmental Protection Agency, of Washington, D.C. Of counsel was Joanne M. Hogan, Environmental Protection Agency.

Before NEWMAN, ARCHER, and LOURIE, Circuit Judges.

DECISION

ARCHER, Circuit Judge.

Jonathan W. Chudson petitions for review of the June 17, 1992 initial decision (No. DC0330920437-I-1) of the Merit Systems Protection Board (board) sustaining the action of the Environmental Protection Agency (EPA or agency) in not selecting Chudson from the Reemployment Priority List for the newly created position of Supervisory Criminal Investigator. The initial decision of the board became final on November 2, 1992

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