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CRAWFORD v. DEPARTMENT OF TRANSP.

No. 04-3034.

373 F.3d 1155 (2004)

David B. CRAWFORD, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: June 29, 2004.

Attorney(s) appearing for the Case

David B. Crawford, of East Hampstead, NH, pro se.

Kent G. Huntington, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director.

Before NEWMAN and CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

David B. Crawford appeals the decision of the Merit Systems Protection Board,1 holding that his military service as a cadet in the United States Coast Guard Academy is not creditable for the purpose of calculating accrued leave time in the civil service. The MSPB held that this is not discriminatory treatment under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), codified...

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