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SCHMITTLING v. DEPARTMENT OF ARMY

No. 99-3228.

219 F.3d 1332 (2000)

Gregory A. SCHMITTLING, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 13, 2000.

Attorney(s) appearing for the Case

Kenneth W. Zatkoff, Dean & Fulkerson, P.C., of Troy, Michigan, argued for petitioner.

William K. Olivier, 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 Harold D. Lester, Jr., Assistant Director. Of counsel on the brief was Michael J. Walby, Attorney, Army Tank Automotive and Armaments Command, United States Army, of Warren, Michigan.

Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Gregory A. Schmittling petitions for review of the final decision of the Merit Systems Protection Board ("Board") that denied his individual right of action ("IRA") appeal. The Board sustained the action of the Department of the Army ("Agency") abolishing Mr. Schmittling's GS-15 position of Chief, Automated Systems and Management Accounting Division (the "Accounting position"), with the Agency's Tank-Automotive and Armaments Command ("TACOM...

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