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FREY v. DEPARTMENT OF LABOR

No. 03-3329.

359 F.3d 1355 (2004)

Gary K. FREY, Petitioner, v. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: March 3, 2004.

Attorney(s) appearing for the Case

Gary K. Frey, pro se, of Delta, Colorado.

John H. Williamson, Trial Attorney, Commercial Litigation Branch, Civil Division, 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 James M. Kinsella, Deputy Director.

Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Gary K. Frey petitions for review of the final decision of the Merit Systems Protection Board ("Board") that sustained his removal for refusing to accept a geographical reassignment. Frey v. Dep't of Labor, No. DE-0752-02-0077-I-2 (M.S.P.B. Aug. 13, 2003). We affirm.

BACKGROUND

I.

Mr. Frey was employed by the Mine Safety and Health Administration ("MSHA"), a component of the Department of Labor ("agency"),...

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