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HERMAN v. DEPT. OF JUSTICE

No. 99-3117.

193 F.3d 1375 (1999)

Richard D. HERMAN, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

October 25, 1999.

Attorney(s) appearing for the Case

R. John Westberry, of Pensacola, Florida, for petitioner.

Michael L. Tingle, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Jr., Assistant Director.

Before MICHEL, SCHALL, Circuit Judges, and SMITH, Senior Circuit Judge,

MICHEL, Circuit Judge.

The Petitioner, Dr. Richard Herman, filed an Individual Right of Action ("IRA") appeal to the Merit Systems Protection Board ("Board" or "MSPB"), alleging that he was reassigned in retaliation for whistleblowing activities. See MSPB Docket No. AT-1221-98-329-W-1. On the government's motion, the Board dismissed the appeal for lack of jurisdiction, ruling that none of the disclosures upon which Dr. Herman based his complaint was a protected...

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