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FREDERICK v. DEPARTMENT OF JUSTICE

No. 95-3194.

73 F.3d 349 (1996)

Thomas B. FREDERICK, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

January 4, 1996.

Attorney(s) appearing for the Case

Gail M. Dickenson, Law Offices of Gail M. Dickenson, P.C., Dallas, Texas, argued for petitioner.

Kathie A. Whipple, Commercial Litigation Branch, Department of Justice, Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Kirk T. Manhardt, Assistant Director.

Before NEWMAN, LOURIE, and CLEVENGER, Circuit Judges.

LOURIE, Circuit Judge.

Thomas B. Frederick petitions for review of the December 7, 1994 final decision of the Merit Systems Protection Board, Docket No. DE0752920467-I-1, holding that he violated the Whistleblower Protection Act (WPA), 5 U.S.C. § 2302(b) (1994), and sustaining the agency's 21-day suspension. Because the board's decision was not supported by substantial evidence and was not in accordance with law, we reverse.

BACKGROUND

The Department...

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