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HUBBARD v. MERIT SYSTEMS PROTECTION BD.

No. 99-3029.

205 F.3d 1315 (2000)

Michael HUBBARD, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Environmental Protection Agency, Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 10, 2000.

Attorney(s) appearing for the Case

Stephen M. Kohn, National Whistleblower Legal Defense and Education Fund, argued for petitioner. With him on the brief was David K. Colapinto.

Michal L. Tingle, Attorney, Commercial Litigation Branch, Civil Division, of Washington, DC, argued for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Kirk T. Manhardt, Assistant Director.

Eric D. Flores, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for intervenor. With him on the brief were Mary L. Jennings, General Counsel; and Martha B. Schneider, Assistant General Counsel.

Before RADER, Circuit Judge, FRIEDMAN and ARCHER, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied May 10, 2000.

FRIEDMAN, Senior Circuit Judge.

The principal question in this case is whether the Merit Systems Protection Board ("Board") correctly held that it lacked authority to award back pay for the period between the Environmental Protection Agency ("EPA")'s wrongful refusal to hire the petitioner Hubbard and its hiring of him eleven years later pursuant to court order. Another question is whether the Board erroneously...

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