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HAEBE v. DEPARTMENT OF JUSTICE

No. 01-3119.

288 F.3d 1288 (2002)

Todd R. HAEBE, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

April 29, 2002.

Attorney(s) appearing for the Case

Thomas G. Roth, of West Orange, NJ, argued for petitioner.

E. Michael Chiaparas, Trial 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 Robert E. Kirschman, Assistant Director. Of counsel on the brief was Monica Pantos, Senior Attorney, Office of Counsel, Drug Enforcement Administration, of Alexandria, Virginia.

Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Todd R. Haebe, a Special Agent with the Drug Enforcement Agency ("DEA") in San Jose, California, appeals a decision of the Merit Systems Protection Board ("MSPB" or "Board" or "board"). In a split decision,1 the MSPB reversed certain elements of an initial decision by an MSPB Administrative Judge ("AJ"). See Haebe v. Dep't of Justice, 81 M.S.P.R. 167, 176 (1999) ("Final Decision"). The AJ overturned...

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