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KNIGHT v. DEPARTMENT OF DEFENSE

No. 02-3368.

332 F.3d 1362 (2003)

Peggy A. KNIGHT, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: June 19, 2003.

Attorney(s) appearing for the Case

Anne M. Wagner, Assistant General Counsel-Litigation, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued for petitioner. With her on the brief were Mark D. Roth, General Counsel; and Charles A. Hobbie, Deputy General Counsel.

John H. Williamson, 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 James M. Kinsella, Deputy Director. Of counsel on the brief was Maj. Jeannine C. Hamby, Trial Attorney, United States Army, Litigation Division, Army Legal Services Agency, Department of the Army, of Arlington, VA. Of counsel was Heide l. Hermann, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC.

Before MICHEL, LOURIE, and GAJARSA, Circuit Judges.

MICHEL, Circuit Judge.

Petitioner Peggy A. Knight appeals the December 6, 1999 decision of the Administrative Judge ("AJ"), Knight v. Dep't of Defense, CH-0351-99-0381-I-1 (M.S.P.B. 1999), which became the final decision of the Merit Systems Protection Board ("Board"). The decision affirmed the Department of Defense's assignment of Knight, who had held a GS-11 Telecommunications Specialist position, to a GS-5 Computer Specialist position. The AJ concluded that...

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