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ABELL v. DEPARTMENT OF NAVY

No. 03-3033.

343 F.3d 1378 (2003)

Barry J. ABELL, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

September 9, 2003.

Attorney(s) appearing for the Case

Jack E. Ferrebee, Attorney At Law, of Virginia Beach, Virginia, argued for petitioner.

Wanda Rubianes-Collazo, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Thomas D. Miller, Department of the Navy, Office of Counsel, Office of Civilian Human Resources, of Washington, DC.

Before LOURIE, SCHALL, and LINN, Circuit Judge.

SCHALL, Circuit Judge.

Barry J. Abell petitions for review of the final decision of the Merit Systems Protection Board ("Board") that sustained his non-selection by the Department of the Navy ("Navy") for the position of GS-13 General Engineer. Abell v. Dep't of Navy, 92 M.S.P.R. 397 (2002). In his appeal to the Board, Mr. Abell argued that the Navy violated his right under the Veterans Employment Opportunity Act of 1998 ("VEOA") to compete for one of three...

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