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BIVINGS v. U.S. DEPT. OF AGRICULTURE

No. 00-3185.

225 F.3d 1331 (2000)

Albert E. BIVINGS, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

August 29, 2000.

Attorney(s) appearing for the Case

Albert E. Bivings, of Peachtree City, Georgia, pro se.

Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This case presents a question of first impression involving an appeal to the Merit Systems Protection Board ("Board") by someone who worked for a state entity, which directed and paid him, but also simultaneously was a federal employee. His state employment was a condition of his federal position. The state terminated his employment, which resulted in the termination of his federal employment. He appealed his federal termination to...

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