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GALLAGHER v. DEPARTMENT OF TREASURY

No. 00-3108.

274 F.3d 1331 (2001)

John J. GALLAGHER, Petitioner, v. DEPARTMENT OF THE TREASURY, Respondent.

United States Court of Appeals, Federal Circuit.

Precedential Opinion Issued December 12, 2001.

Attorney(s) appearing for the Case

Frank M. Dale, Jr., Swidler Berlin Shereff Friedman, LLP, of Washington, DC, argued for petitioner. With him on the brief were Mark J. Plumer and David F. Klein.

Monica J. Palko, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David M. Cohen, Director; and Deborah A. Bynum, Assistant Director.

Before NEWMAN, RADER, and LINN, Circuit Judges.

LINN, Circuit Judge.

John J. Gallagher seeks review of the final decision of the Merit Systems Protection Board (the "Board"), affirming the decision of the Department of the Treasury (the "Agency") that the petitioner does not qualify for Law Enforcement Officer ("LEO") retirement coverage because he failed to establish by a preponderance of the evidence that his actual duties were primarily LEO-qualifying. Gallagher...

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