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GILBERT v. DEPARTMENT OF JUSTICE

No. 02-3278.

334 F.3d 1065 (2003)

Randall W. GILBERT, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

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

David R. Feniger, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Brian M. Simkin, Assistant Director.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.

SCHALL, Circuit Judge.

Randall W. Gilbert was formerly employed as a Criminal Investigator with the Department of Justice's ("agency's") Drug Enforcement Administration ("DEA"). On July 29, 1999, the agency proposed his removal for misconduct. Subsequently, Mr. Gilbert and the agency entered into a "Negotiated Last-Chance Agreement." In the agreement, the agency agreed to hold the proposed removal in abeyance as long as Mr. Gilbert complied with the terms of the agreement...

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