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MIDDLETON v. DEPARTMENT OF DEFENSE

No. 98-3409.

185 F.3d 1374 (1999)

John R. MIDDLETON, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

United States Court of Appeals, Federal Circuit.

August 10, 1999.

Attorney(s) appearing for the Case

Kristin D. Alden, Passman & Kaplan, P.C., of Washington, DC, argued for petitioner. With her on the brief was Edward H. Passman.

Michael D. Austin, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director.

Before MICHEL, PLAGER, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

John R. Middleton petitions for review of a final decision of the Merit Systems Protection Board (the "Board"). Middleton v. Department of Defense, No. DC-0752-97-0950-I-1, 80 M.S.P.R. 467 (M.S.P.B.1998). The full Board denied Dr. Middleton's petition for review on August 28, 1998, by operation of law rendering as the final decision of the Board the administrative judge's (the "AJ's") December 24, 1997 initial decision. This decision...

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