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DELONG v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 00-3449.

264 F.3d 1334 (2001)

Lois DELONG, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

September 5, 2001.

Attorney(s) appearing for the Case

John Fredericks III, Fredericks, Pelcyger & Hester, LLC, of Louisville, CO, argued for petitioner.

Eric J. Nestor, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director.

Before MAYER, Chief Judge, RADER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Lois Delong petitions for review of the final decision of the Merit Systems Protection Board ("Board") that sustained her removal from her position with the Department of Health and Human Services ("HHS" or "agency") pursuant to 25 U.S.C. § 3207 (1994). DeLong v. Dep't of Health & Human Servs., 86 M.S.P.R. 501 (M.S.P.B. 2000) ("DeLong"). We affirm.

BACKGROUND

I.

Ms. Delong was employed as a...

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