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PAGAN v. DEPARTMENT OF VETERANS AFFAIRS

No. 97-3395.

170 F.3d 1368 (1999)

Raul O. PAGAN, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

March 16, 1999.

Attorney(s) appearing for the Case

Elaine Rodriguez-Frank, of San Juan, Puerto Rico, argued for petitioner.

Robert Steinbuch, Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director.

Before NEWMAN, PLAGER, and BRYSON, Circuit Judges.

PLAGER, Circuit Judge.

Raul O. Pagan appeals the denial by the Merit Systems Protection Board ("Board") of his petition for enforcement of a settlement agreement. The agreement resulted from a prior Board proceeding in which Pagan had appealed his dismissal from the Department of Veterans Affairs ("DVA"). In the appeal now before us, the Board found that Pagan failed to prove that the DVA breached the agreement. Because we find that the DVA did violate the terms of...

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