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HEELEN v. DEPARTMENT OF COMMERCE

No. 97-3413.

154 F.3d 1306 (1998)

J. Patrick HEELEN, Petitioner, v. DEPARTMENT OF COMMERCE, Respondent.

United States Court of Appeals, Federal Circuit.

August 28, 1998.

Attorney(s) appearing for the Case

J. Patrick Heelen, of Crofton, Maryland, petitioner, pro se.

Andrea I. Kelly, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel was Joseph A. Kijewski, Attorney. Of counsel on the brief was William A. Biglow, Senior Counsel, Office of the General Counsel, Employment Labor Law Division, U.S. Department of Commerce, of Washington, DC.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

J. Patrick Heelen was an attorney in the Office of the General Counsel (OGC) of the Department of Commerce (Department). On February 29, 1996, the Department notified Mr. Heelen of its plans to abolish his position as part of a reorganization of OGC. On May 24, 1996, the Department eliminated Mr. Heelen's position. Because he was in the excepted service, Mr. Heelen had no assignment rights and was removed. He appealed his removal to the Merit...

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