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THOMSEN v. DEPARTMENT OF THE TREASURY

No. 98-3255.

169 F.3d 1378 (1999)

Jeffrey N. THOMSEN, Petitioner, v. DEPARTMENT OF THE TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

March 5, 1999.

Attorney(s) appearing for the Case

Aaron M. Nisenson, Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C., of Washington, DC, argued for petitioner. With him on the brief was Michael T. Leibig.

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 David M. Cohen, Director, James M. Kinsella, Assistant Director, and Elizabeth W. Newsom. Of counsel on the brief was Liza Murphy, Attorney Advisor, United States Secret Service, Office of Chief Counsel, of Washington, DC.

Before RICH, CLEVENGER, and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Jeffrey N. Thomsen asks this court to reverse the dismissal by the Merit Systems Protection Board of his action against the Department of the Treasury. See Thomsen. v. Treasury, No. DC-0353-97-0426-I-1, 1998 WL 345168 (M.S.P.B.1998). Because the Merit Systems Protection Board erred in holding that membership in the U.S. Army Reserves was a benefit of Mr. Thomsen's employment with the Secret...

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