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WHITE v. DEPARTMENT OF VETERANS AFFAIRS

No. 99-3198.

213 F.3d 1381 (2000)

Janice M. WHITE, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

June 12, 2000.

Attorney(s) appearing for the Case

Irene Donna Thomas, Thomas & Associates, of New York, New York, for the petitioner.

Michael F. Kiely, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for the Respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The petitioner White appealed to the Merit Systems Protection Board ("Board") the Department of Veterans Affairs ("Department")'s refusal to rehire her following her removal in a reduction in force. She alleged that the Department had appointed others to positions for which she was qualified and had priority. The Board, noting that there was a question whether it had jurisdiction over the...

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