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MUSICK v. DEPARTMENT OF ENERGY

No. 03-3064.

339 F.3d 1365 (2003)

William J. MUSICK, Petitioner, v. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: August 12, 2003.

Attorney(s) appearing for the Case

William J. Musick, of Spring Hill, FL, appearing pro se.

Kenneth S. Kessler, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were David M. Cohen, Director; and Deborah A. Bynum, Assistant Director. Of counsel was William Peachey.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Opinion for the court filed by Circuit Judge SCHALL, Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

SCHALL, Circuit Judge.

William J. Musick petitions for review of the final decision of the Merit Systems Protection Board ("Board") that denied his petition for enforcement of a settlement agreement with the Department of Energy ("agency"). Musick v. Dep't of Energy, 93 M.S.P.R. 23 (2002). We vacate and remand.

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