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TERBAN v. DEPARTMENT OF ENERGY

No. 99-3318.

216 F.3d 1021 (2000)

Paul L. TERBAN, Petitioner, v. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 24, 2000.

Attorney(s) appearing for the Case

Renn C. Fowler, of Belfast, Maine, argued for petitioner.

Katherine A. Barski, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges.

CLEVENGER, Circuit Judge.

Paul L. Terban seeks review of the decision of the Merit Systems Protection Board ("Board"), Terban v. Department of Energy, 83 M.S.P.R. 98 (M.S.P.B.1999), sustaining the Initial Decision of the Administrative Judge, dismissing Terban's appeal from an alleged involuntary retirement. For the following reasons, we affirm the Board's decision.

I

Terban was a GM-15 Executive...

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