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KAGEL v. DEPARTMENT OF ARMY

No. 96-3385.

126 F.3d 1455 (1997)

Ray L. KAGEL, Jr., Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

October 6, 1997.

Attorney(s) appearing for the Case

Thomas M. Devine, Government Accountability Project, Washington, DC, argued, for petitioner. On the brief was Thad M. Guyer, T.M. Guyer & Friends, P.C., Medford, OR.

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Kirk T. Manhardt, Assistant Director, and Stephanie M. Jackson, Attorney.

Before RICH, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Ray L. Kagel, Jr., petitions from a decision of the Merit Systems Protection Board dismissing his Individual Right of Action (IRA) appeal as moot. Kagel claims that the agency threatened him with removal in retaliation for disclosures protected by the Whistleblower Protection Act, unless his wife complied with an agency directive. Because we conclude that Ms. Kagel's temporary compliance with the agency's directive did not moot Kagel's IRA appeal...

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