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BUTTERBAUGH v. DEPARTMENT OF JUSTICE

No. 02-3331.

336 F.3d 1332 (2003)

Kelly BUTTERBAUGH, Roseanne T. Faltin, John C. Marderness, Robert J. Bono, Petitioners, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

July 24, 2003.

Attorney(s) appearing for the Case

Joe Goldberg, American Federation of Government Employees, of Washington, DC, argued for petitioners.

Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were Robert D. McCallum, Jr., Associate Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Kevin W. McArdle, Attorney. Of counsel was James M. Kinsella, Assistant Director.

Before MAYER, Chief Judge, CLEVENGER and BRYSON, Circuit Judges.

Opinion of the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge BRYSON.

CLEVENGER, Circuit Judge.

Kelly Butterbaugh, Roseanne T. Faltin, John C. Marderness, and Robert J. Bono ("Petitioners") appeal the decision of the Merit Systems Protection Board ("Board"), which held that Petitioners' employer, the Department of Justice ("Department" or "agency"), acted permissibly in charging Petitioners' military leave allowance for days...

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